Hi,
I would be very grateful to u for your answer.
G1 had two wives W1 and W2, both W1 and W2 had sons and daughters. W1 had one son S1 and one daughter D1, and W2 had one son S2 and two daughters D2 and D3. D1, D2 and D3 all three got married before 1975. Now S1, G1, W1, W2 are not alive.
Now S1 is not alive and S2 is not married and he is staying with the son of S1.
G1 had 21 hectares of land in his name. After the death of G1, all the property which was in the name of G1 had been transferred to the name of S1.
G1 had taken bank loan on 1970s; he was not able to repay the loan amount. After the death of G1, bank people have started to harass S1 to pay the loan amount. S1 had no cash to repay the loan amount, he had sold the 21 hectares of land inherited from his father to repay the loan (note: the reason for the sale of land has been mentioned as "to repay the loan amount" in the sale deed).
After repaying the bank loan, S1 left with some amount he got from sale of the property. Oral partition of the amount took place between S1 and D2 and D3. There is no any legal record for this.
Currently, 21 hectares of land is acquired by Karnataka Industrial Development Board and the current owners of the land are going to receive compensatory amount. Now D1, D2 and D3 have filed a case against S1 in court (note: at the time of filing the case S1 was alive) stating that "they are not aware of the sale of 21 hectares of their father’s property and they want share in the 21 hectare property which was already sold by S1 on 1984".
My question is since S1 has sold his fathers property to repay the loan amount, does D1, D2 and D3 have any rights in the property which already sold by S1 in 1984?
Since S1 is not alive, do wife and children of S1 get affected from the case?
Do the current owners of the property have any problem from D1, D2 and D3?
Thank you for your response in advance.
Regards,
Suresh
