Absolute owner

umesh HALKAR (Querist) 17 September 2017 This query is : Resolved
Sir,
I had entered an Property agreement since the Party has given advertisement that he is absolute owner of Independent house at layout.
After the agreement I came to know that the house is under mortgage at bank. Water and sanitary connection/ maintenance is under control of Layout developer and no document.Developer has not handed over to urban authority. But building tax has recovered. Now the case is filed as Original suit for recovery of Advanced paid amount and penalty.
During evidence statement the vendor agrees that he is not Absolute owner.
But my advocate says once Sale deed is over by Developer to first party he is Absolute owner.
WHICH IS CORRECT
regards

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RAVI K GOUD (Expert) 18 September 2017
Mr. Umesh,
On which documents you have relied upon to enter into the agreement with the party who has given advertisement as an absolute owner?
Who has mortgage the property with the bank, either your party or any third party?

your Advocate has rightly said that once the registration is done, ownership will remain with the first party who got first registration of the property, if the developer is happened to be the absolute owner/seller.

However you have already filed the Original suit.
And you have one more option to file a criminal case against your seller for cheating and misrepresentation/impersonation as your vendor admitted in his evidence that he is not the absolute owner.
My opinion is given only basing on your information given and not on any other.

Dr J C Vashista (Expert) 19 September 2017
Your lawyer is competent and intelligent enough to sail you through, just have faith in him and do not adventure for second opinion which may damage your case since perception of individual consultant/ lawyer differ.

Guest (Expert) 19 September 2017
Mr. Umesh Halkar,

Your query is vague. You have make a mention about sale deed in context with your lawyer's statement, but has not stated, whether the seller has a duly executed sale deed with him and whether you made agreement after seeing the copy of the sdale deed or not.

Guest (Expert) 19 September 2017
Secondly, when your own advocate states that the seller is absolute owner, why he filed a case on your behalf?

In fact, your description of the problem is quite hazy. Your sescription should have been so clear that Mr. Ravi K Goud should not have felt the need to ask for clarification or to base his advice on hit & trial basis on the basis of your unclear problem.

Better rely on your own advocate.