Children of seller are challenging sale deed however the land was allotted to the seller by BDA. Recently in 2021 I have purchased a BDA site from the first allottee “A” who is the sole and absolute owner. Children of seller are challenging sale deed, however, the land was allotted to the seller by BDA. Subsequently after the registration I took over the possession of the property. The allottee has 2 wives. 1st wife died 20 years back. He has 2 children with his 1st wife.
He presently stays with his 2nd wife and he also has 2 children with his 2nd wife. Now the 1st wife’s children have filed a civil suit against me falsely claiming the said scheduled property purchased by me is a joint family property. However it is very clear the property is a BDA allotted one and is backed with the proof.
Evidence such as allotment letter, possession letter, lease cum sale agreement, sale deed, khata and all the other documents are issued by BDA to the allottee from whom I have purchased the property. I need to know on what basis they filed the case against me claiming it as joint family property.? Can property allotted by bda be considered as joint family property?
The claim of the children of the seller is false and frivolous. He cannot claim that the property is ancestral because the BDA had acquired his land after the payment of compensation. The nature of property has changed after the allotment. Now it became the self-acquired property of each allottee.
The seller got absolute ownership because it was his self-acquired property. Therefore, the children of the seller have no right to challenge the legality of alienation or transfer of property. The seller had unfettered right to transfer the land by way of sale.
You should file a declaratory suit against the children of the seller. File a civil suit under Section 34 of the specific relief act. You should adduce the copy of sale deed, allotment letter issued by BDA, land acquisition notification and sale deed executed between seller and BDA. The court shall declare your right thereafter, no one can challenge your right in that land.
