Property law suit for separate possession

+1 vote
asked Oct 30, 2015 in Property Law by SKumar
I bought a plot in 2010 by paying 20 lacs from a Widow. The widow inherited the plot from her husband after his death. The husband got this plot allotted from an employment society. The plot was registered on mother name. This widow has one son and one daughter . At the time of buying plot, the Son was present but I was not able aware of the Daughter. Now the daughter has filed Civil Law suit for partition and separate possession,  against her mother , her brother and myself. I bought this plot using 80% bank loan and repaying from my salary.

At the time of plot registration/sale on my name, Sons age was 40 and daughter age was 37. The plot registered in my name after the purchase. There is no mention of son's name and daughter's name in any of the plot specific documents. The property is currently in my possession from last 5 years and I am paying all the property taxes without fail.

I was not aware that they have a daughter. neither son nor mother told me about this at the time buying the plot 5 years back.

The daughter's lawyer has sent the documents(summon) to appear court on next hearing.

Questions here are :

1)    What may happen to this case since I already the paid the full money for plot by taking bank loan.
2)    There is talk of all these new 1956 rule, is it applicable here.
3)    Looks like the daughter is not asking partition for other properties left by his deceased father. What to do “Can we argue that mother and son to repay daughter’s share by selling one of the existing property”.

4)    Currently I am outside of India, what do in such cases. Can I request court to postpone the next hearing for 3 months since I need to arrange some documentation as I am outside India. Will court/judge entertain such requests.

5)    What kind of out of court settlement can I expect in such cases.

6)    The daughter's lawyer sent us law suit the documents , the court did not send any documents on my name. Is this a summon from court to appear in the next hearing or do I need to wait until I get summon from court for personal appearance.

Thank you so much for looking into this matter.

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