One of our client in unregistered firm engaged in the business of purchase & sale of Immovable Properties. It purchased the immovable property (IP) being unregistered firm and executed sale deed was not release by the sub-registrar Balaghat for want of adequate stamp duty. Because of these mutation was not done. In the meanwhile the seller who sold the immovable property to our client (unregistered firm), again sold out the same IP to another buyer thereafter this immovable property were routed sales to 3-4 consecutive buyers. The property was released in favour of our client by the Sub Registrar Balaghat after paying the difference stamp duty. Thereafter our client firm was registered and it comes to the knowledge of the firm and its partners that his IP was sold out to other persons so many number of times. After becoming registered firm (RF) the firm filed the suit for mutation as well as for possession. Please suggest/ our Questions.
- What we do further and how?
- Can unregistered firm purchase the Immovable property in the firm name? If yes now and any case law in favour of us.
- The deponent against us has taken stand in the court we being unregistered firm we could not purchase immovable property nor can you file suit for possession / eviction. Though as on filling the suit by our client, our client is registered firm (RF). Is any similar case law in favour of us.
