valid title to sell

naveenraj jain (Querist) 30 July 2014 This query is : Resolved
A property for sale. On perusal of documents regarding title reveals court decree to sellers stating that they are possessory owners. These owners have offered to sell this property. Sellers state that they can transfer the property on the capacity of the possession title. My query is how is it possible when Encumbrance certificate shows no entry of their title. What risks are involved if such property is bought.

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Devajyoti Barman (Expert) 31 July 2014
It is never wise to purchase a property where the seller has no clear title.
Possessory right is not equivalent to lawful ownership.

naveenraj jain (Querist) 31 July 2014
Thank you sir. Seller has documents to show that he has mutated his name recorded in tahsildar Office based on possession title

Advocate. Arunagiri (Expert) 31 July 2014
Do you mean to say that they have got the title by adverse possession?

naveenraj jain (Querist) 31 July 2014
Exactly sir.

Rajendra K Goyal (Expert) 31 July 2014
The seller is not having clear non encumbered title on the property, it is not a wise step to purchase such property.

naveenraj jain (Querist) 31 July 2014
sir,
the parties to the suit have fought the case tll supreme court. high court observed that defendants have proved possession under 53A of TP act. and moreover plaintiff have not sought for adverse possession within the statutory period hence the claim of plaintiff is negatived. In this scenario when plaintiff do not hold title is it not understood that the other party has the absolute title.

ajay sethi (Expert) 31 July 2014
it is your call .

Devajyoti Barman (Expert) 31 July 2014
Mutation certificate s never a proof of title.

Dr J C Vashista (Expert) 01 August 2014
I agree with experts, donot purchase the property which do not have a title in favour of seller(instead of defective title)

T. Kalaiselvan, Advocate (Expert) 02 August 2014
The court order is to be seen for forming proper opinion. However on the basis of your contention, the vendor seems to have an absolute title based on the court verdict.
Consult a local advocate and take his opinion too.

naveenraj jain (Querist) 02 August 2014
Thank you sirs.
Indeed Opinion of various Advocates were taken. Everybody had different views n verdict. Many said its not possible. A retired judge suggested to go ahead with the purchase since thepersons who contested the case have lost in all courts n nobody to challenge the said orders.