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thomasneo   11 January 2015

Problems with respect to purchase of ancestral property


I purchased an agricultural land in Bangalore in June 2014, the khata for the same got transferred to my name. Later got to know that there is a case on that property since 2010. The case claims complainant has rights over the land as the land is an ancestral property. 

The land ownership is :

Ms. A (lady) owned the land. As Ms. A expired the khata got transferred to Mr. B (Ms. A's Son). 

Mr. B sold the land to Mr.C in 2005, on selling B declared that he is the only son of A and has clear title over the land which he got via inheritance and he sold the land with his and his 5 children (B1, B2, B3, B4, B5) signatures.

Mr. C sold the land to Mr. D in 2006

Mr. D sold the land to me in 2014.

Now the complainant Ms. P is claiming that Ms. A and her husband have 5 children i.e. [4 women Ms. P, Q, R, S and 1 man Mr. B] and that Ms. P has 1/5 rights over the property.

The case given by Ms. P is against Mr. B, B1, B2, B3, B4, B5, Ms. Q, Mr. C & Mr. D. In the claim of Ms. P there are in total 14 properties mentioned and the property which I bought is one among them. In all the properties she is claiming 1/5 shares (Ms. P states that Mr. B has not done partition of his ancestral property)

At present out of the 5 children of Ms. A and her husband only 3 are alive (Ms. P, Ms. Q & Mr. B) and 2 have expired (Ms. R & Ms. S). 

Before purchase I was totally UNAWARE of any case and no body mentioned to me about the case.

Before purchase I even conducted 2 legal verification and both shown a clear title of the land with no encumbrance or other claims. 

6 months after registration when I learned about the case, when I tried for an out of court settlement with Ms. P's son, he is threatening that he will get a court decree to cancel the sale done between Mr. B & C, Mr. C & D, and Mr. D and with me.

What should I do next. Is there any possibility of cancelling the sale deed through court decree. Isn't there any law to protect the buyer.

To protect my rights to whom should I file case against, Mr. B for showing the wrong details and selling at first place or against Mr. D who sold to me.


 2 Replies

Advocate Rohit (Advocate)     11 January 2015

Well You need not worry about it. Mr. B shall be liable to pay the share among all the legal heirs which he received by selling that piece of land which has been purchased by you. That should be your line of arguments. As he being a legal heir sold the land on prevailing market rate at that point of time.


Court cannot put all the previous transactions into toss and declare them as null and void as you all the buyers purchased the same in good faith. Further, Mr. B shall be liable to indemnify all the losses incurred by the buyers because of his misrepresentation and is also guilty of cheating.



Advocate Rohit Dalmia



Shobhit Chauhan (Founder/President)     11 January 2015

Thanks Rohit sir for your valuable guidance. What you have said seems very logical and something that should happen.

Request you to kindly enlighten us with relevant law(s) in the case at hand.

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