Married daughter asking share in fathers property which was alienated prior 2004

4 years ago

Dear Learned Counsels,

I have bought a property in Bangalore in 2003 from Mr. X. Flow of title of the property is as follows:

A person named R has received the property as gift deed from his uncle in 1950's. Mr R died intestate in 1992 and his wife in 2001. In the year 2003, Mr. X and his brothers (who are sons of Mr R) have partitioned the said property through a registered partition deed. I bought a part of the property that fell into Mr. X's share in 2003.

I have constructed a house in year 2011 in the said property and the house is in my possession.

In the year 2014, Mr. X has a daughter who filed a partition and separate possession suit of the property by declaring the sale deed that was executed between me and Mr. X as null and void. Mr. X died in the year 2016.

As I bought only a part of the property that fell into Mr.X's share, Mr.X has alienated all the other parts as well over time. Few of these properties are stil vacant.

Questions I have are:
1. What chances do the daughter of Mr.X has in this suit?
2. Does court consider there is a dwelling in the said property and I am owner of it?