India  |  Intellectual Property

Legal Question

Asked on: 7/05/13, 10:45 am

i bought a pending suit property ( not aware of suit) which is an ancestral property of sellers. now the root of ancestor is mr A bought & died in 1921 and left one son mr B he also died in 1951 and left one son mr C and two daughters D and E, mr C has transferred corporation record in his name in 1954 and he dies in 1988 and has wife F, 3 daughters G,H,I and 2 sons J,K.. F,G,H,I,J,K sell the above property to me at the time of pending suit of partition for which i am not aware. suit has been filed by D claiming 1/6the share (one of daughter). i want to know whether D is really eligible for her 1/6th share and also as per D her mother has died in 1961 as per her assumpion

1 Answer


Answered on: 7/07/13, 7:16 am by Jayesh Desai

Firstly, you have been negligent in taking proper search. Your question - falls under property laws and not under intellectual property.

Was there any injunction granted by the Court? Against your Vendors from alienating the same? Did your lawyer conduct a negative search?

You have also not mentioned, as to when the suit was filed claiming 1/6th share. After how many years - after demise of father.

How can she assume her mother died in 1961 ? If deceased was her mother - she should know the date of demise.

There are lot of lacunae in your query - please give full details - to enable us to answer.

Or contact a good lawyer for advise.


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Jayesh Desai 609 Dalamal Towers Free Press Journal Marg Nariman point Mumbai, 400021

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