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Jitendra kumar (Assistant mgr)     23 March 2012

Property dispute

WE PURCHASED A COMMERCIAL PROPERTY TWO YEARS BACK FROM MR A WHICH WAS GIFTED TO HIM BY HIS BROTHER  MR B   MR B PURCHASED THAT PROPERTY FROM  MR. P  AND  MR. P  GOT THAT PROPERTY FROM HIS MOTHER. THE PROPERTY WAS DECREED IN FAVOUR OF MR P(DECEASED) BY HIS MOTHER(DECEASED)  WHO BECAME THE OWNER OF THAT PROPERTY BY VIRTUE OF REGISTERED WILL OF HER HUSBAND MR Q. 

NOW A PERSON MR X HAS FILED A SUIT AGAINST MR A  MR B &  MR P(DECEASED)  FOR PARTITION CLAIMING THAT MR Q & HIS FATHER JOINTLY OWNED THAT PROPERTY AND HE HAS NOT GOT HIS SHARE IN THAT PROPERTY. FATHER OF MR X DIED WHEN HE WAS MINOR. WE WERE NOT AWARE OF ALL THIS WHEN WE PURCHASED THE PROPERTY. PROPERTY IS SITUATED WITHIN THE MUNICIPAL LIMITS AND IS MUTATED IN OUR NAME IN THE  REVENUE RECORDS AS OF TODAY.

MY QUESTION IS WHAT WILL BE THE IMPLICATIONS ON US OF THE CASE AND IF HIS SHARE IS ESTABLISHED WHO WILL BE GOING TO PAY THAT?



Learning

 2 Replies

M. A. Khan (advocate)     25 March 2012

please check family tree of mr. x.  mr. p got property by way of decree. what was that decree, if it was challanged in appeal.  if property was ancestral property, than mr. x may have share in the property.  if the transection of mr. p selling the property to mr. b is time barred than x cannot challange the transection.  you purchased property by way of registered documents from a.  now even if x has share in property, than it is p or his l/r are liable to part with sell proceeds.

Jitendra kumar (Assistant mgr)     28 March 2012

Thanks sir, thanks for your advise

sir transaction between P & B took place in 1995 and the present suit has been filed in 2011 in which sale deed

of  A, B,P and will has been challenged. Is it time barred ? please advise


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