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co operative society plot

(Querist) 12 September 2014 This query is : Resolved 
Sir,

I want to purchase a plot at lucknow, which was a land of Keshavnagar Cooperative society 1968.

the said plot was sold to some one in 1997. That person have not done dakhil kharij of land. His name is also not showing in the Bhulekh record of UP Govt. the Registry Copy is with that person.

Please guide whether i should purchase this land and also suggest that the dakhil kharij is possible for this type of land.

Thanking You
ROHIT SHARMA (Expert) 12 September 2014
1. The person who had bought such land in 1968 but has failed to have the registered sale deed entered in the record within three months thereafter then at this point of time the land is not encumbered and hence after confirming from the local authorities you can think of buying the land. The best way is to engage an advocate and ask him to give you a title clearance certificate of this land as he will be able to completely investigate into the matter of the marketable title of the plot.
Raj Kumar Makkad (Expert) 12 September 2014
You should first ensure whether your seller has the original sale-deed with him or not to which he is claiming and if yes then such person shall have to file a civil suit against his seller and shall have to get declaration about the ownership of that property which can be got entered in the revenue record and only then he shall be in a position to further sale it so I advise to leave the idea to purchase such property.
Bhanu Srivastava (Querist) 13 September 2014
Thanks you Mr rohit sharma ji and Mr raj kumar ji for ur advise.
Rajendra K Goyal (Expert) 13 September 2014
If the person is having all original record of sale along with title papers, approach society / concerned department to mutate the property. If no action, move for court directive.
Raj Kumar Makkad (Expert) 13 September 2014
You are most welcome bhanu.
ajay sethi (Expert) 13 September 2014
agree with experts
T. Kalaiselvan, Advocate (Expert) 20 September 2014
Consult a local lawyer by producing the relevant papers, take his opinion, if it is okay, proceed.


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