shidlingappa.Harabishettar (Advocate) 13 September 2009

bonafide prchaser of site in Banglore

I iam a bonafide purchaser of a site 30*40 At Bangalore on 01-04-2005 from the khata holder ,the wife, of deceased who died .also registered signed by the khata holder,Wife,3 sons and a daughter of the decesed. the khath was in the name of the rhe wife of the deceased. The clause in the deed is any litigation arising on future by way of minors would be solved by those who had signed.Now the son of first son of the deceased (grand son) has filed a complaint making me as 4th defendant claiming his share in the sold property as he his having his right as it becomes ancestral propetry.Also hi says he was minor when the transaction took place.Now he is 19 years old and his father was adicted to drinks he sold the property. he wants his share.

plz advise me how should i move this in the court and safe guard my bonafide ownership of the said property.

sbh

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Raj Kumar Makkad (Adv P & H High Court Chandigarh) 13 September 2009

The property was sold for bonafide requirements by the father of the plaintiff various years ago hence even if suit filed on his attaining the age of 19 years on the basis of his share in the ancestral property has no bearing at all because when the property was sold, he was not owner having no share and his father died, he was no owner of the property sold hence no question arises having any share in the alleged ancestal property. be happy. Your property is fully secured.

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shidlingappa.Harabishettar (Advocate) 17 September 2009

Hi rajkumar!

thanks for your analysis.But the fact is different.Grand father died and not his father.

sbh

Advocate Ravinder (Advocate/Attorney) 31 May 2013

Shiddilingappa, you are getting confused. What raj kumar makkad told is quite correct. The property was purchased by you is from the deceased grandfather, his sons, daughters and his wife. At the time of execution of deed, grandfather was living and it is his self acquired property, hence the title had passed by way of deed to you. The signatures of wife, sons and daughters are immaterial.

On the contrary, if you had entered into deed after the death of grandfather (by his family members), the things would be worse. because on the date of death of grandfather, the property will become ancestral and will fall upon the family members and their children (including the minor now major who had filed the case)