Transfer of property
rohit
(Querist) 07 June 2012
This query is : Resolved
Suppose 'A' is Talathi( the lowest revenue offisor) of village and 'B' is a villager. 'A' and 'B' make a forged land documents and 7/12 extract of the name of 'B' and the gavthan land (Government land)converted on the name of 'B' on all Government records. After that 'B' sells this Government land to 'C', a bona-fide purchaser. 'C' bought this land after examine all government records and 7/12 extract of 'B'. But the sub divisional offisor declared the sale transaction between 'B' & 'C' is illegal and order to 'C' to return the possession of land to Government. My question is that whether 'C' can claim the title of the land on the ground of Bona-fide purchaser. If yes then plez give reason with landmark authorities.
ajay sethi
(Expert) 07 June 2012
no he cannot claim any title to land . the property belongs to govt . the remedy of C is to recover his investments from A and b . file civil and criminal case
ajay sethi
(Expert) 07 June 2012
no he cannot claim any title to land . the property belongs to govt . the remedy of C is to recover his investments from A and b . file civil and criminal case
bhagwat patil
(Expert) 08 June 2012
He cannot claim land on the contarary he has face criminal conspiracy proceedings.
J K Agrawal
(Expert) 08 June 2012
section 41 of the Transfer of property protects the rights of a bona fide purchaser for consideration and acted upon in good faith.
One is required to check the title of seller up to last 30 years.
Even though I think practically it is tough to overcome the Government in your case.
