Legal Question in Real Estate Law in India

Real estate Property issue

Dear sir/madam,

I would like to seek an advice related to my property in Bangalore- India. My Father had purchased a property. The property that was belonging to 1st party was sold to 2nd party ( who settled all the dues and cleared the paper etc.. related to the land). He second party later sold it to 3rd party who made infividual plots and sold the land to other persons ( one of them is my Father) After buying the land from the 3 rd party we being troubled by the relatives of the 1st party. Who claim that there father or grandfather have not sold it and have not settled the matter. They are coming frequently and claiming that the some of the portion ( few plots ) of the entire property still belong to them and they are the owners of such plots.

We do have all the legal paper to the plot that has been sold to us. It is also registered in our name and have built the house. Regular property tax is being paid.

The relatives of the 1st party and the owners of the plot under dispute have filed a case in the court which is going on. Although the case is in the court the relatives of the 1st party come from time to time and disturb the peaceful possession of our living. In this regard I would like to , seek you opinion.


Asked on 5/29/06, 5:30 am

4 Answers from Attorneys

Vivek Anand M/S.VIVEK ASSOCIATES

Re: Real estate Property issue

If the title of the property is in dispute, then it is advisable to get the same adjudicated by a competent court by filing a suit for declaration. In the interim, to avoid any multiplicity of litigations, you can also a file a suit for bare Injunction, restarining the trouble-makers from interfering with your peaceful possession.

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Answered on 5/29/06, 11:07 am
Vivek Mapara Mapara Law Firm

Re: Real estate Property issue

Sir,

Looking to facts of the case as they are, your title seems absolutely clear, and nobody can disturbe you with its possission.

You did not specify whether ur the party in the said dispute before court. If your are the party u can ask the court to restrain those relative from create disturbance in your peacefull possession, otherwise u can file complaint before police regarding such mischief.

If your not the party to the suit in court, then do keep a close eye on the proceedings of the case and its outcome, and do contact a local advocate and if he advices you then joint the litigation pending in court. This would be possible only after scrutinzing your title papers and court case papers.

You may feel free to contact for any further detials or information

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Answered on 5/29/06, 3:37 pm
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Real estate Property issue

You have to seek police protection, file a criminal compliant that you are being harassed, tell your lawyer to fight the case or give the criminal case to a criminal lawyer.

Ask your lawyer to check the papers and take his advice and pay his fees properly so that he will handle tactfully.

regards.

B.Balasubramanya.

advocate.

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Answered on 6/06/06, 1:37 am
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Real estate Property issue

This matter needs proper attention and verification of all the documents. Please contact in person,

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Answered on 5/29/06, 6:49 am


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