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Nagarjuna   08 August 2020

Daughter claiming share in property alieanted before 2004

Dear Learned Counsels,

I have bought a property in Bangalore in 2003 from Mr. X. Flow of title of the property is as follows:

  1. Person named R has received the property as gift deed from his uncle in 1950's.
  2. Mr R died intestate in 1992 and his wife in 2001.
  3. In the year 2003, Mr. X and his brothers (who are sons of R and his wife) have partitioned the said property through a registered partition deed.
  4. I bought a part of the property that fell into Mr. X's share in 2003. I have constructed a house in year 2011 in the said property and the house is in my possession.

Mr.X do not have any sons and has 5 daughters. In the year 2014, one daughter of Mr. X who is married before 1991 filed a suit for partition and separate possession of the property by declaring the sale deed that was executed between me and Mr. X as null and void. Mr. X died in the year 2016. As I bought only a part of the property that fell into Mr.X's share, Mr.X has alienated all the other parts as well over time. Few of these properties are still vacant.

So far in the trial court, court observed that a) property is an ancestral property b) suit is filed with in time limit (12 years).

Questions I have are:

  1. What chances do the daughter of Mr.X has in this suit have, as the portion of property I bought is alientaed by her father in 2003 ( only the father signed the sale deed)?
  2. Does court consider there is a dwelling in the said property and I am owner of it?
  3. Daughter of Mr.X who filed case nor her advocate have been attending the hearings for more than 2 years, will that have any impact on the outcome of the decree?

Request your oprnion on the questions that I have

 2 Replies

Dr J C Vashista (Lawyer)     09 August 2020

You have already appeared before the Court as defendant in the suit for partition, possession and declaration filed by the plaintiff, through an able, competent and intelligent lawyer engaged and paid by you, what is his / her advise ? Why do you need second opinion except the fact it is available FREE OF COST on this platform ? If you have lost faith in your lawyer change him/ her immediately.

However, if you feel strong for second opinion / guidance it is better to seek professional advise of another local prudent lawyer with relevant case file and documents of the case.

P. Venu (Advocate)     09 August 2020

Apparently, the case is still pending for trial and the judgment is yet to be pronounced. The how is that the "court observed that property is an ancestral property"?

Are you a defendant in the matter? What is the present stage?


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