Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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nilesh madane   30 March 2018

land grandfather purchased-tfr to Father-then father sold to one of his son then I have purchased it

Late Mr. Rupaji Kashiram Shinde (Grandfather of David) purchased this property from Santosh Borde on 22 Nov 1968. Thereafter, he transferred this property on his only one son's name I. e. Mr. Popat Rupaji Shinde (Father of David) in 1975 by giving application to Magistrate.
Mr. Popat was a Indian Christian and he had 4 son & 6 daughters.
(1) First, Popat sold that 31.25 sqm ancestral property (out of 125 sqm) to one of his son Mr. David on 17 Oct 2012 which I have purchased on 24 Feb 2015.
(2) Second, Mr. Popat sold 31.35 sqm land to one of his son David on same day i. e. 24 Feb 2015. Mr. Popat passed away on 13 Nov 2016 then again Mr. David sold this 31.25 sqm land to me on 25 Jul 2017. My name has been recorded to Land record office for 62.50 sqm land.
(3) Late Mr. Popat's 6 married daughter's are saying that Mr. Popat made registered Will on the name of his 6 married daughter's for the same property, Hence, David's sister's want back this 62.50 sqm land. Now, my questions are as follows:
-It is ancestral property?
-Sale deed's between Popat & David held in Oct 2012 & Feb 2015 is valid
-Sale deeds between David & me held on 24 Feb 2015 & 25 Jul 2017 is safe as per law
-If they have WILL then any problem for me
-Is it ancestral property? If they file suit then it will create problem for me.


Learning

 4 Replies

Yusuf Rampurawala   03 April 2018

Rupaji sold his property to Popat who in turn sold portions thereof to David who has sold that portion to you. So there should not be issue if the title flow sits well. If the daughters claim that they have a Will of their father then they will have to prove that Will in Court by filing probate petition. In that petition, the court will issue citation to all the legal heirs including David. Ask your seller David to file a caveat in response to that citation and state all the relevant facts like how he sold the property, which was sold to him by his father, to you. David will have to oppose the grant of Probate. Once David files a caveat the petition will convert into a regular suit in which you can file a chamber summons for intervention since you have an interest in the property which is the subject matter of the suit. The suit will take many years to get resolved. 

Alternately you can file an independent suit claiming declaration as owner of the property sold to you by David. You will have to make the 6 daughters a party to that suit and claim the relief of injunction against them to not disturb your possession and enjoyment of the property.

1 Like

Yusuf Rampurawala   03 April 2018

what is OP Lawyer Sir? Its not a hypothesis its a suggestion. 

Yusuf Rampurawala   03 April 2018

recheck/review/revisit what? 

Yusuf Rampurawala   03 April 2018

im not getting what you saying? u mean my answers are not mine but someone else is answering? just say it clearly


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