How to find out a Court case on a property before buying it?

Querist : Anonymous (Querist) 30 March 2011 This query is : Resolved
I bought a piece of residential land in Dec. 2010. Last week I got a legal notice from a lawyer stating that the land I bought is under litigation and the case is pending in high court. He also stated that the sale deed is invalid.

My questions are:

1. Is there a way to find out if the property is having any legal issues before buying?
2. In my case, what are my options I have now?
3. Is the sale deed really invalid?

Any help regarding my issue will be greatly appreciated.

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adv. rajeev ( rajoo ) (Expert) 30 March 2011
it amounts lis pendency. Purchase during the pendency of the case.
You have to check court documents. You will get it in the courts suit registar but it requires suit number, otherwise it is very difficult to find out the case detials. You do one thing you asked about the case to a person from whom you have purchased.
You are a bonafide purchaser. Regarding the validity of sale it can be advised only after going thru., the nature of the suit.

Advocate. Arunagiri (Expert) 30 March 2011
In your notice itself the advocate would have given the suit number etc. If it is not provided send a reply seeking for the details.

G. ARAVINTHAN (Expert) 30 March 2011
Get details from the advocate regarding the case number and details.

Guest (Expert) 30 March 2011
it is very difficult to find out the case in such a property purchase.

Devajyoti Barman (Expert) 30 March 2011
1. Yes by causing necessary searches in the courts concerned.
2. No you being a bona fide purchaser without notice will have to apply for getting yourself impleaded as a party under order 1 rule 10 of cpc.
3.Unless I know the details of the suit so pending ,it is hard to make any comment.

senkottayan (Expert) 30 March 2011
u r a bonafide purchaser... to prove ur bonafide u must have encumbrance certificate prior to ur sale deed.

then if there is any suit pending then it amounts to lispendis...
kindly contact an advocate nearest of you and give suitable reply with necessary particulars...

then it's too hard to find whether there is a litigation pending before any court...

B.B.R.Goud. (Expert) 05 April 2011
if the court case is in pending regarding the purchase land, the sale deed will have an option that if any court cases upon this land the vendor is liable for settlement of such cases. in your case vendor is liable for every such litigation. u better to consult a suitable advocate in your area for a solution.

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