Hello All, Scenario Its a property of 800 Sq yards which is owned by my Grand Father. He has 2 sons and two sons have two male children(i.e me and My cousin) and my Grand Father has executed a will in 1984 stating that this property is a life interest for my father and his bother. After there life time that half share of the 800 Sq yards should belong to me and another half to my Cousin. He passed aways in 1999 with out making alterations to the Will. Now in the year 2016 my father and his brother relinquished there life estate by accepting 10 lakhs cash through a registered document. Immediately Me and My cousin also have Partioned the property of which 400 sq yards belongs to me and another 400 sq yards to my cousin and later my cousin sold 100 sq yards of his share to me making me owner for 500 sq Yards and 300 Sq Yards still belong to him. There has been Execution Petition pending on this property since 1991 that about 90 lakhs cash is to be paid to one of my other uncle(Husband of My Grand father Daughter). He has been giving us time from a very long time which is not paid to him either by my father or any body. Understanding between my cousin and me is that we both should be 90 lakhs since we are the owners of the house. And i have paid my half to my uncle with out due.(45 lakhs) And my cousin who should pay his half did not pay the amount instead he sold his property of 300 sq yards to some other guy hiding the fact. Recently we came to know about that Me and my Uncle(Who filed EP) are thinking to bring 300 sq Yards to Auction in which i participate as anonymous bidder and want to acquire the remaining property of My grandfather. (I don't want some own to acquire our property). Questions a) Can i participate in the bidding process in the open court? b) Let say if i stand as the highest bidder ? Where should i deposit the money ? Is it in the court or can i give directly to my uncle. c) Person who already bought this 300 sq yards can challenge me on the bidding?
1. Yes, you could do that. There's no restraint on your to participate.
2. This auction would be presided and looked after by the Court auctioneer who'd be guided by the provisions of order 21 cpc. You'd be required to pay by means of DD to him, i.e., the Court.
3. He'd attempt to seek stay on the entire auction proceed.
1) you can participate in auction
2) you will have to deposit auction money in court
3) uncle has to take legal proceedings to set aside sale of 300sq yards by cousin
1.n the auction proceeding anyone including the co sharer or owner of adjacent land can bid for our chase There is no illegality in it.
2.The money is to be deposited with the court only while the rest amount will also have to have be paid to court or the decree holder within the time mentioned by court.once that sis done a deed of conveyance will be executed by the court in your favour.
3.yes but if the auction is valid then his objection will not stand in court.
1. A life estate holder can only live in the property and enjoy its income, but under no circumstances he can alienate the property. This is against the essence of life estate. After the demise of the life estate holder the property has to vest in the ultimate beneficiary.
2. If there is no injunction granted against you by the civil court which forbids you to participate in the bidding process then you are free to do so.
3. If you are the successful bidder then you can pay the money directly to your uncle.
4. Consult a lawyer with a copy of EP petition and the orders passed by the court to get a conclusive opinion. IN such matters relating to proprietary rights it is impossible to form a concrete opinion unless all the documents are perused threadbare.
1. You can of course participate in the said auction process and submit your bid. If you are declared the highest bidder, then you shall be sold the said property.
2. In the EP itself, the Court will order Auction sale which will be advertised in local newspapers wherein the details of the sale process will be mentioned which you shall have to follow. Ordinarily, you shall have to deposit the payment to the Court.
3. Of course the person who bought 300 sq.ft land will challenge the said EP and/or the resultant sale which you shall have to contest fittingly claiming that he has been cheated by your cousin.
Yes you can participate
You will have to deposit money in the court.
the person who bought 300 sq.ft land will challenge the said EP
Hi
1) The sale deed executed by your cousin is null and void given the fact that there is an execution petition pending on the said property.(it is presumed that you and your cousins were brought on record as Legal Representatives of your father and your uncle in Execution Petition)
2) In order to safeguard and retain ownership within the family, you should ensure to get the property(300 square yards) auctioned by the court by virtue of the said execution proceedings and thereby ensure that the buyer is kept out of the picture and property.
3) The buyer might approach the court for relief on the ground that neither himself nor his predecessor in title( your cousin) were parties to Execution proceedings and hence the auction is not binding on them. So in such an event the court might grant him stay order and thereby stop the auction. So only way to avoid the stay is to ensure that your cousin is also made party to the execution proceedings.
4) Courts will not grant the buyer a stay in the event of your cousin being named as debtor in Execution proceedings.
5) Prior to participating in the auction, you should ensure to get an order from the court that you have complied with your part of 45 Lakhs for and on behalf of your father. You will be eligible to participate in the auction if and only if your name is cleared of your share of liabilities in Execution proceedings.
6) If you are the highest bidder, you should deposit it in the court only.
7) The buyer can also participate in the auction and will get ownership, title and interest if he emerges the highest bidder.
Hope this information is useful.
You can participate in the bidding process because a large part of the property is being hold by you. However you have a right of preemption, according to this right you can challenge the auction proceeding on the ground that you, as a holder of large portion of the property, have first right to purchase that property on the market value. You can file an application before the Civil Court and stay the auction proceeding.
If you want to participate in the bidding process and you are the highest bidder then according to order 21 of the code of civil procedure you have to pay 25% of the auction price immediately and rest of the amount within 15 days
a) There is nothing wrong in bidding the open auction, you can very well participate in the auction sale.
b) If this is brought to auction, then the amount shall be deposited to the court a per the orders i the petition seeking auction sale. You can go through the orders for observing the procedural aspects.
c) First of all there should be a court order for this auction without which there cannot be an auction of the property under litigation, at anyone's whims and fancies.
