Dear Sirs,
Kindly suggest your opinions for the following :
The property is in Bangalore made a Conditional Sale Agreement made between a Lady and her Son to a Person. As the sale was ostensible, the buyer of the property made a reconveyance Redemption Mortgage for the period of five years on the same day in different papers. The property is also under value estimation. The seller stayed in the property on rental basis. The seller gave certain amount but this amount had been taken as Rent. The seller thought that it was including principle amount including rent. As the time period of five years completed and only three years was allowed Limitation period. Hence, there was contradiction dispute arose and litigation was running in the Court of Law. Meanwhile the sellers dead and the case was running between the legal heirs and the buyer. Before making conditional sale and reconveyance redemption Mortgage Deed, the Sellers wrote a WILL document in favour of Grand Childrens and the WILL was registered.
During the pendency in the suit, the buyer sold the property to another person ( second buyer )
Both the parties knew that there was pending the case with the previous seller, and not disclosed in the matter in the Sub-Registrar,s Office and executed a Registered Sale Document in favour of the Second Buyer without proper documents. The collution between the persons, the Second buyer illegally occupied three fourth of the position and one fourth of the position is occupying by the sellers' legal heirs. At present, the case is running between the previous Sellers’ legal heirs and second buyer. In the court, the second buyer got Permanent Injunction Order and finally, got a Decree from the District Court, for vacating the hind position where the previous sellers’ legal heirs are staying in the property. Within three months they have to vacate the property and the second buyer made caveat application for the same.
Based on the facts, kindly let me know that
- During the pendency of the suit, whether the second sale is valid or if it is not valid, the sellers’ legal heirs what steps they have to take ?
Is there any chance to apply for STAY ORDER for the sellers’ legal heirs ?
- Is there any chance for previous sellers’ legal heirs ( Grand Children ) to make a fresh petition against the previous buyer as well as the second buyer on the basis of Registered WILL for the recovery of the property
- Though the reconveyance redemption mortgage period of five years mentioned and it was completed and the time limit allowed only three years - Is there any time real Limit period available in the Limitation Act ?
Thanking you,
With regards,
D,Dakshina Murthy
