Legal Question in Real Estate Law in India

Sir,

I have purchased a Shop from a person "X". The owner of this property was this person's father 'Y". After Y's death I bought the property from X. X had requested me not to tell this details of sell to his sons 'Z' and so I did the same as he was in need of money moreover I was getting this property at lower price. Now the situation is the son ie Z of this person has raised an objection for this sale and have claimed that this property is given to them by their grandfather by the WILL. They also have filed suit in court stating that X has no rights on the property and asked for petition to state stay orders for all properties of Z. As per the WILL of Z, X has no rights, it is clearly mentioned.

X was really not knowing the fact that there is any WILL in favour of their son, as I know him very well.

Property as of now is in possession of Z and they already have done court commission for the same. Kindly suggest to get this property back.


Asked on 9/24/10, 12:15 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

If x has not known you should have done some home work. You cannot get the property back unless WIll is challenged and the court declares the will to be bad. Even in that case, X could sell you his share only. You are in soup. You have paid consideration without gettting the possession. The court will see through it. there is no way you can get the property back.

If z agrees, try to settle with them

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Answered on 9/24/10, 7:29 am


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