previous land owner harassment
raymond
(Querist) 08 February 2012
This query is : Resolved
Dear sir, My problem is i bought a plot 4 years ago and now the very first owner comes and say's that this plot was sold by some of his family members without his knowledge and that now he is going to file a case or he could just occupy the land.There were like 3 or 4 people who bought the plot before me and this person is the very first owner of the plot.Could he actually do what he's saying,is it possible legally and what should i do in this situation.
Could i do anything from all this to happen.
Raj Kumar Makkad
(Expert) 09 February 2012
If the version of original owner as told by you in the query is right then he can definitely initiate legal action against all erring persons and may require restoration of his ownership with possession.
You shall have to maintain your possession over the plot at any cost and then if case is filed against you then take the plea of bonafide purchaser,
adv. rajeev ( rajoo )
(Expert) 09 February 2012
He can file a suit for declaration and injunction provided he has got regd., sale deed . You make an enquiry with the seller who has sold you, so true fact will come out. Immediately dont come out be in a possession. You can also take the contention of bondafide purchaser if the case is filed.
V R SHROFF
(Expert) 09 February 2012
You are bonafide purchaser, and paid the amt of consideration and in possession of the plot.
Declare in News Paper Notice that You purchased this plot, and in possession. If anyone hatve any right, title & interest may contact your advocate within 15 days , or will be considered waived . And all who claim, be joined as Party, and file a civil suit, not to dispossess you.
This action can protect you from forcible dispossession by any other buyer.
Do you have regd sale deed??
After all, there will be legal proceeding against you.
It is necessary for you to retain possession.
prabhakar singh
(Expert) 09 February 2012
Laps of 4 years is not too much for restoration
rights in land matters unless some valuable constructions have also been raised.It is true that you can plead bona fide purchaser with consideration but did you inquire title before getting sale executed in your favor??
He can not disturb you illegally but if he has right he can file a suit.
M/s. Y-not legal services
(Expert) 09 February 2012
we have to see the relevant documents of your plot.,
without go through that i cant give any opinion to you..
-tom-
Deepak Nair
(Expert) 09 February 2012
The title documents need to be chequed for any comments.
It is to be verified whether the first owner had transfered the land to subsequent owner through a registred sale deed.
M/s. Y-not legal services
(Expert) 10 February 2012
makkad sir., do you know? why i thanked our deepak? and why i laughing?
-tom-
V R SHROFF
(Expert) 10 February 2012
THIS situation is common. I have cases, where a single FLAT is sold to 4-8 persons , and 4 banks are claiming, they have to recover Loan . and a occupier paid heavy deposit of 4L, resided , without rent!!
Flat worth 15L, Bank Loans totaling 60L with interest. Different Bank comes and lock the premises. Tenant break lock, continue residing therein.
Deepak Nair
(Expert) 10 February 2012
Hi Tom,
What is the reason for your thanks and laugh???
