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Rights of bonafide purchaser

(Querist) 10 November 2011 This query is : Resolved 
Respected experts, please advise me what are the rights of bonafide purchaser of property. We have a case listed in HC, Karnataka tomorrow. Our client has bought a property from one woman who has got that property through a will of her father. Now her brothers contend that it was a joint family property and thus made us a party in the petition. Please provide any case law protecting the rights of a bonafide purchaser. Thanks in advance.
ajay sethi (Expert) 10 November 2011
was the will probated?

at the time of probate did brothers oppose application for probate .

will has to be proved in court .
Suchitra. S (Querist) 10 November 2011
Sir the will was not opposed by the brothers in lower court. Now they contend that it was not self acquired property but was a joint family property and thus it cannot be bequeathed.
ajay sethi (Expert) 10 November 2011
if you had purchased property subsequent to probate being obtained by seller you have a good case.
Rajeev Kumar (Expert) 11 November 2011
Mr.Sethi is right and i do agree
Sailesh Kumar Shah (Expert) 11 November 2011
Yes,you have a good ground that if, Property purchase after probate.


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