X and Y jointly Purchased a 2 Acres of land in 1930.
Nowhere mentioned in the sale deed about individual Contribution. Only Sale Price was Rs.5000/-
X was in possession of the said 2 Acres of Lands.
In 1955, entire Village declare as Inam Village.
The Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (Act 1 of 1955).
X had applied to Special D.C to grant the land as he enjoys the possession.
Legal Heirs of Y also applied for grant of the 2 Acres of Land as his father was joint owner of the property.
Special D.C. had granted the land to X as he was in possession.
Special D.C. Rejected Y’s application stating that, he was not in Possession.
Y’s Legal Heir had filed 2-3 appeals before Special D.C. but his application / Appeal was rejected.
X made the Partition of his properties among his family in 1960.
Y’s Legal Heir filed and Original Suit for partition of the property in 1970
Court has DISMISS the Y’s suit on the basis of Possession.
Y’s Legal Heir, filed a RFA in High Court stating that, it’s a joint property. So, it can’t be differentiate as Y is not in possession. (1998)
High Court allowed the RFA of Y’s Legal Heir and send it back to Lower Court.
After 1 Year X’s legal Heir approached the Supreme Court, Supreme Court DISMISS the appeal as time barred.
During pendency of the Suit, X’s legal heir sold the property to Z on the basis of Special D.C’s Grant Order and Partition deed. (Without informing to the Z that, the pendency of Suit in 2004).
Z was enjoying the property without any hindrances till 2020.
During July 2020, Y’s legal heirs come and informed that, we are a joint owner of the Property as per Sale Deed 1929.
Now, what are the options before Z? As per Encumbrance Certificate from 1960, no transaction was reflected.
Z is in possession for more than 16 years.
A.Dear Sir,
Normally without the consent of other co-owners sale transaction is invalid. You may discuss with local lawyer with documents to get clear answers to your questions.
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Geeta Singh
Responded 3 years ago
A.During pendancy of suit one can not purchase property and if he purchase the property then whome title to property goes depend upon decision of court as per your question if decre passed in favor of x than z will be owner as per sale deed but if decree passed in favor of y then share of y will go to y . If you are bonafide purchaser means you were not aware of suit or procedding then you can apply specific performance with x
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If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
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Sale of Joint property without the consent of other owner.
Sharing of property among siblings
