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gk (Service)     10 May 2020

A veru unusual property case

Dear Experts Pranam!

My dad has been puchased a land with a small old house (its very old, so may not required consider as a house - or in a demolishing stage) in Kottayam, Kerala, 10+ years back from a person, named as Mr.SELLER and has been registered at the concerned Sub Reg. Office (SRO). And till the last year there is no issue on this and since its a land we will do frequent visit over there to check the fencing etc. are ok and whether it is secured/safe. But last year when we tried to make an attempt to sell and tried find a buyer for the same through some local persons BUT got a news that it is in a despute and some legal issues are there in the court which is surprised us. And after an enquiry we met a person named as Mr.SON who is filed the case on this land. The case was against his Mrs.MOTHER stating that she does not have any legal rights to sell the land to the so called Mr.SELLER (as above) since that land originaaly owned by her husband named as Mr. HUSBAND (he is already expired) and his two siblings/heirs - one sister and a brother. What we understand and told by Mr.SON is, he filed the case in 2014 and now in 2019 mid, as per the court order the case has been won by him and the property will be attached to him and the above siblings. Please be noted that the case was only between him and his mother. Unfortunately his mother also expired prior to the case finals, i,e. his winning.

We have consulted with a legal adviser and got a temperory stay/injection (saying that Mr.SON and siblings been interuupting/disturbing us from staying/residing at our property, so please do the needful to stop their torturing) for the immediate Attachment and so the court has been sent notices to Mr.SON and his siblings/heirs to let the hon.court know about their statements or sayings about this issues by producing their valid documents. THere are 6 persons from the siblings side in this case other than Mr.SON. 2 of them not interested to receive the notice and so become ex.pat. Other three persons addresses are not reachable and so repeated notices two times sent again. Mr. SON was escaping each time by not receving the Notice from Ameen and in the third time he informed the Ameen that he will not receive the notice and Ameen has been noted the info and communicatd to the Hon,Court on the same. THe most important part of this is other than Mr. SON, no one including the above said siblings are not interested in this case but it is by the compulsion of Mr. SON only did involve. by the meantime very unfortunately Mr.SON is expired, recently. He is having wife and two kids.

In this scenario now we are not much interested to drag this case further and wish to make a out of court settlement if possible without any legal issues. is it possible otherwise what else are the BEST and immediate Resulting solutions in this case. I am asking this to know about your opinions in this case please.

Thanking you  in advance, Regards




 4 Replies

G.L.N. Prasad (Retired employee.)     10 May 2020

You have already waited for ten years, and those who wanted to purchase such property want it with a clear title, and no sincere buyer purchases that property when the title is cloudy.  Wait for a few months and let the court decide on the pending litigation..  This process may bring you good value for the property and reward for waiting for such time.  Trust your advocate and follow his guidance and ask him whether filing application to impleading your father is necessary to know developments.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     10 May 2020

1. Execute a registered "Settlement Deed" mutually with "ALL" the residual Legal Heirs of the original disputant.  AFTER this non of the residual Legal Heirs of the original disputant, shall have right to dispute or claim on such property.

2. Submit a copy of the Settlement Deed to Court and request Court to pass order based on this settlement deed.

3. The court order and the registered settlement deed, would serve as a "Clear Title" document,  
would be legally sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Advocate)     10 May 2020

The facts, as posted, are disjointed and lacks clarity. There are many a missing link and information such as:

Who had executed the sale deed?

Did they have absolute title to the property?

Had you obtained encumbrance certificate before completing the transaction?

Were you party to the suit filed by the SON?

Has he filed execution petition?

Yes the matter could be placed in the adalath and settled; but the settlement needs to wholesome; else, you would only be opening another Pandora's Box.

Dr J C Vashista (Advocate)     10 May 2020

Rightly observed and pointed out by expert Mr. P Venu, you have mixed up various issues accordingly your query is vague in nature.


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