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jagdish (Member)     17 June 2014

Property put in litigation by sellers huf member

Hi,

 

I have bought a DC Converted site in Bangalore Rural with bank loan from Canfin Housing.  The property has now come in litigation. The Litigation has been put by the grandsons of one of the sellers who were minor then. The father of the grandson had signed in the sale deed as self and Karta of his HUF. The property was acquired by the grandfather as HUF and divided among the the two brothers. The grandfather sold the property (sale deed signed by grandfather, his wife, son and 2 daughters). The reason for sale mentioned in the sale deed is "urgent legal necessity" and not procuring sufficient income out of the agricultural dry land.Also no mention of minor grandson in the sale deed.

Before I purchased the property the property has changed 3 Hands. 

 

Does the minor grandson (major now) have any right on the property ?

Is there any reference of court judgement on similar litigation ?

Please help I am very tensed.

 

Regards,

Jagdish



Learning

 4 Replies

Dr J C Vashista (Advocate)     17 June 2014

Show the document to local lawyer for analytical study and advise.

jagdish (Member)     17 June 2014

Sir i had shown the documments to local lawyer but could not get any conclusive answer. Some say the grandsons have right and some say the case will not hold. So looking for any case study of judgement on similar case

Advocate Ravinder (Advocate/Attorney)     18 June 2014

@ jagdish,

There are several incidents that the open lands are landed in disputes after purchase in the Bank Auctions.  In think there might be truth in your case that the title is defective.  If it is so, it is the burden of the Bank and you are not at all concerned with the disputes.  You can file consumer case praying the Forum/court for two reliefs in the same petition (1) case claiming possession of the property (2) in case first relief is not possible then for recovery of amount along with damages, legal expenses etc.  For further doubts contact me ravinder2345@gmail.com.

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T. Kalaiselvan, Advocate (Advocate)     20 June 2014

If it was a HUF property, the kartha of the HUF, cannot sell the property involving minor's interest.  the minor grandson will become a coparcener in the HUF by birth, hence any property involving minor's interest cannot be sold by the Kartha or the guardian of minor without obtaining proper permission from a court of law, that way, the minor upon becoming major, can seek his right to share in the HUF property within three years from the date of his majority or from the date of his knowledge after attaining majority.  If one lawyer is not able to give proper advise to you or that if you are not satisfied with one lawyer's opinion, you can always go for a second opinion from a different lawyer.  However, since you have already obtained loan from bank, the bank might have sanctioned the loan only after obtaining proper opinion from its legal adviser, you may rely upon the said opinion to challenge the case in the court.

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