Bonafide purchaser v/s hindu succession amendment act
tushar
(Querist) 08 August 2012
This query is : Resolved
Mr. A is the owner of ancestral plot of land at Baroda, Gujarat. He has wife and 4 married daughters. Only His name was mutated in Revenue Records. I purchased that plot for full consideration through a registered sale deed in 2009. My name was mutated in revenue records on the basis of sale deed. Mr A died in 2010. Now one of his married daughters has filed suit for cancellation of sale deed and asked for his share in the plot on the basis of hindu succession amendment act 2005. Pl Advise whether a Father having ancestral property can sale the same during his life. Whether I will get benefit of Bonafied Purchaser. Kindly advise. Thanx and Regards
adv. rajeev ( rajoo )
(Expert) 09 August 2012
A had only right to sell the property to the extent of his share only. The children of the A are all equal rights in the share of their father.
Bonafide purchaser has to prove that he is purchsed the property after taking all due care.
Advocate Ravinder
(Expert) 31 May 2013
If the bonafide purchaser proves that he purchased taking all due care, will he get the whole property.
