Land partition Suit

Smt T. has purchased an agricultural land in 1987 from Sri C. After purchasing the same, she obtained DC conversion order in 2002 and formed a layout in 2004. I have purchased a site in that layout in 2004 from Smt.T.. In 2007, the daughters of Sri.C has filed parttion suit to get their shares. they filed nearly 10 years after their father sold the property to T.. Since T. is not having that land, she is not appearing for the court. I am the bonafied purchaser. Is there any chance of loosing my site. Please give me your valuable suggestion to safegaurd my site. I am realy worried. I am having only one site.

Answers (1)

186 votes
If the land was registered in the name of Sri.C then he had an indefeasible legal right to sell it to any one he desired. His children had no right in the land unless the same was ancestral in nature. If the land was sold with proper documentation to T. then Sri.C or his children ceased to have any right therein. You must be having in your possession a copy of the sale deed which Sri.C made in favour of T. It can throw light on whether sale was complete or not and also whether requisite stamp duty was paid. If sale in favour of T. was complete and lawful then she could have as legal owner of the land sold it to you. Now that his daughters have filed a suit for partition you should contest the same through your lawyer so that you succeed in repelling their legal challenge

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