VIJAY 10 January 2016

Buying property for which summons is issued

Dear Sir/Madam, I am planning to buy an independent house which has very clear documents. However seller very recently informed me that he received summons from the court for around 30 properties under same survey number which includes his property as well. Person who is claiming a partition under this survey number claims to be part of family who sold these properties in 1989. After that these properties are sold by first owners to different people. Now summons are issued for all the owners at different point of time to till date. As per few local lawyers this case and its claims are invalid however first hearing is planned sometime in feb 2016. As me and my family liked the property very much, please let me know if i can still go ahead and buy the property? If i buy the property when it is subjected to this case, would property registration remain valid? Seller is good friend of mine and he is in financial crisis and he wants to sell the property to me. Please suggest if it is okay for me to buy? THANKS A TON FOR YOUR HELP IN ADVANCE

Reply Follow

1 Replies

pravin kumar (Advocate) 11 January 2016

My Suiggestion is dont buy until the court disposed the case. If you want to help your Friend Just enter an agreement with part amount and should occupy the house.If your seller win the case pay the balance amount and get registered else recover the paid amoun from the seller.

Note: If you purchase the said property after issued the summons from court, you are become a bonafide purchases and the court also not support your actions.