property dispute
Jaswinder Singh
(Querist) 07 July 2013
This query is : Resolved
A inherited property from her husband vide registered will and mutation sanctioned and then she sold property to B. During this C and D sons of A challenged Will and mutation and obtain exparte decree without impleading B as party. thus will declared null and void and mutation cancelled. now B has come to know this fact. what is remedy for him at this stage.
pls advice.
Devajyoti Barman
(Expert) 07 July 2013
If B was not party to the suit then the suit is bad by non impleadment of necessary party.
The B can file declaratory suit establishing his right in the property.
Devajyoti Barman
(Expert) 07 July 2013
Moreover B having been bona fide purchaser without notice, he is liable for damages or price of the property in the vent the same is directed to return to heirs of A.
Jaswinder Singh
(Querist) 08 July 2013
thanks. ok. but presently the question to save the property only as mutation sanctioned in our favour has been cancelled. futher can we challenge the court decree by way of declaration. pls specify the provision or citation if any.
prabhakar singh
(Expert) 08 July 2013
A should file restoration praying to set aside the decree.After ex parte decree is set aside B should file application for his impleadment.
If A is not ready to do so that means she is now colluded with her sons and keeping her in a win win situation.
Therefore B himself should file suit of declaration of title and that the exparte decree is not binding,he should plead his possession on spot on the basis of sale deed.
Was A mutated on the basis of Will before purchase of B?
Jaswinder Singh
(Querist) 08 July 2013
inheritance mutation was sanctioned. can we challanged the decree by way of declaration suit.
