Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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muddu (as)     01 July 2022

Can a sale deed be questioned after 52 years?

Respected Sir/Madam,

I need a suggestion on the property purchased via a Sale Deed in Karnataka.

We purchased a agricultural land nearly 1 acre in Karnataka in the year 2019 on absolute sale deed.

1. This property is originally partitioned in 1968 to second wife (Party1) of a person purely for maintenance not for sale. 

2. Party1 sold this property to a purchaser (Party2) in the year 1970 via a registered sale deed and got khata and mutation

3. Party2 sold this property to another purchaser (Party3) in the year 2004 via a registered sale deed and got khata and mutation

4 Party3 sold this property to me (party4) in the year 2019 via a registered sale deed and got my Khata and Mutation in my name and absolute position from last 3+ years

Now, in May, 2022, Party1's grand children have filed a civil suit in Sr Div Civil court saying that Party1 did not had the right execute the sale deed and property to belongs to them. 

Here are my questions which I need your advice on.

1. Will this civil suit impact my rights on this property?

2. Party1 has passed away in the year 1974, Can her grand children question the all 3 sale deed transactions after 48 years?

3. Can the partition deed deny the right to execute sale deed for second wife of a person i.e. Party1?

Kindly, advise me on this.

Thank you.

Muddu

 

 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 July 2022

Sale deed can be challenged only if there are sound legal grounds. If it has been executed by fraud, co ertion etc it can be challenged but one need to prove to the court the grounds on which it is challenged.

1 Like

muddu (as)     01 July 2022

Namaste Sir,

Thank you for answer me on this. 

Only ground the petetioner claiming is that when the property was divided between first wife and second wife(Party1) by their husband, in the partition document in 1968, it is written that second wife(Party1) cannot sell the property and can only enjoy the property till her death and after her death, the property should go back to first wife's sons. Petetioner is the grand childeren of first wife.

Is the Petetioner claim is valid?

Regards,

Muddu


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