28 October 2010
I came across a newspaper public notice in which a party claims to be the owner of a property & holds shares for the same in his name. He also gives time period of 14 days for anyone to claim the title for the same.
I would like to know the importance of such public notices & relevant laws for the same. Also lets assume that a buyer unaware of the true owner purchases the property after the notice was given, what happens to the buyer if the true owner turns up some time in future. What are the protections available to him in this matter.
01 November 2010
Dear Raulmsaha, You are right, the public notices are being issued for a reason. (1)Take the public notice mentioned by you in your first query. It is to say that I have declared it that I am the owner of the property and also sought objections if any from any quarter in a public media, yet no one objected to it. Hence I am free to do with the property whatever I want and no one can claim any right over it. It is just a formality, in spite of such a notice objections can be taken by interested parties. But then the matter will drag on. (2) There will be public notices announcing that such and such case has been filed in such and such court and the respondent has to take note and to make an appearance on such and such date etc. This is a last resort of serving a notice upon the opponent - especially when all other normal modes of communication of such notice fails - like sending by registered post, pasting on the door etc. Like wise there are also other public notices like Trademark warning notice; etc.