Buying a property when partition suit is pending.
mohan kumar
(Querist) 29 May 2010
This query is : Resolved
Dear Experts,
I am planning to buy a plot in south bangalore, the status of the property as follows,
total extent is 3acers and 29 gunta, which is a inam land belongs to late nanjama and late bassappa, of the it the said land is transfered to chandrappa, who is a grand son of late nanjama and late bassappa. the chandrappa has 2 sons and 1 daughter,however he has not executed the partition deed insted he sold to a builder in 1992, and the builder has formed 73 site in 1992 and sold it to diffrent buyer, but there is no aproval form any authority, the said sites were falling undre village panchyat and now under bbmp, havind vp katha form no.12 and paid upto date tax.
Now the issue is the sons and daughter of chandrappa have filed a suit for partition against chandrappa and also making the builder as a partyin nalamangala rural court, the suit is pending now.
The plot which iam buying is sold to dassappa.
In this context, the sons and daughers of chandrappa are ready to sign the sale deed for a certain amount. my qustions are.
1)Can i buy a property when the suit is pending? and what happens when we buy when suit is pending.
2)Can i make the existing owner and the legal hires of chandrappa as a party and buy the property.
3)is it ok if all legal hires are willing to sign the sale deed.
4) any alternate solution if any.
Its my sincer request to all experts pls advice in this matter, and guide.
Devajyoti Barman
(Expert) 30 October 2010
You can legally buy the property but you would be bound by the decree.
Yes you could.
