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KSM   12 April 2024

Property partition

If a property is sold and later someone claims they are legal heir and was left out ? That time, what type of court case will they file. It will be against the new owner who bought it only right ? And if a court decides that truly that claimant person is left out, and orders share to be paid, then based on what amount the share will be decided ? the market value of the property on that said date ? Or share on the official white transaction that was done for the sale ? Or will the court say to pay on market value (how court will identify the unofficial cash part that is usually paid) ?


 7 Replies

Shashi Dhara   12 April 2024

Partition on immovable property as per family law or as in indian succession act.

Advocate Bhartesh goyal (advocate)     12 April 2024

They can file suit for partition on seller,all legal heirs and purchaser of property and have to claim their respective share and possession. 

KSM   12 April 2024

As per indian succession act they will might claim their share. That is different. But im asking how does court consider the value of the apartment or sale at that time, based on mkt value or based on actual white transaction that happened in regn office for that sale ?

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

The aggrieved persons may file a suit for partition seeking partition of the property with separte posession of their rightful share in it.

They may implead the seller and the buyers as necessary party to the suit.

If the property is indivisible then the court may bring the property to auction sale and distribute the sale consideration amount to all the sahreholders accordingly.

The buyer has to get his sale consideration amount recoverd from his seller.

The court cannot interfere in the so called illegal sale and return of the consideration amount automatically.

The seller if not settling the amount then the buyer can drag him to court for recovery of his amount paid towards the purchase of the property

Shashi Dhara   12 April 2024

If you file application to appoint commission the court appoints commission he goes to spot and assess the value of propety, divide the property and submits and report to court.

KSM   12 April 2024

But i heard that after a sale of property only new buyer becomes the owner and has to face any legal claim and the seller becomes apart from the issue. And if the buyer has signed in the deed that no indemnity needed from seller and any legal issue will be faced by buyer at his own cost ?

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

The seller cannot absolve the responsibilities despite any clause mentioned in the sale deed.

The fraud of the seller in this process cannot get exempted due to the presence  of any such clause or due to the absence of an indemnity clause.

The seller and the buyer may be impleaded as necessary parties to the suit

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