Land litigation ad on paper
kmath
(Querist) 18 June 2020
This query is : Resolved
When purchasing land in Tamil Nadu giving a paper ad asking for any litigation will it helpful in future litigation?
1) What is the advantage of this approach
2) Who has to publish it? Buyer or Seller?
Dr J C Vashista
(Expert) 19 June 2020
What ad do you intend to publish qua the land under sale/ purchase transaction ?
Is there any litigation pending qua subject land ?
The facts posted and your query is not clear but vague.
kmath
(Querist) 19 June 2020
Am planning to buy a land, people suggested to put an ad about that land and ask for any litigation in that land, so the question is
1) What is the advantage of doing that?
2) Who has to do it seller or buyer?
P. Venu
(Expert) 19 June 2020
Such advertisement would not serve any useful purpose. What is the particular reason for this intuition?
Guest
(Expert) 19 June 2020
It is always safe to the Buyer to Place an Advertisement regard to his Purchase in the Local News Paper where the concerned Property is situated.. Any one who wishes to object the Purchase will be cautioned or informed about the transactions. More Over it would be treated as Evidence in Court if Buyer has to Face any Litigation in future. Though Such advertisements are not mandatory it would be Legally Safe to the Buyer. Discuss with your Local Good Practicing Advocates.
Dr J C Vashista
(Expert) 19 June 2020
There is no point / benefit in publication of the purchase transction. One of the term and condition / declaration from the (vendor) seller has to be mentioned that the property is free from encumbrance, litigation, execution, attachment, decree etc.
If you want to publish get it done at your (purchaser's)expenses.
Rajendra K Goyal
(Expert) 19 June 2020
You asked:
1) What is the advantage of this approach
Reply:
Theoretically a no. of benefit can be mentioned, still it cannot prevent any litigation to be filed before the court. Any dispute regarding the property may or may not come in the knowledge of the prospective purchaser. Purchaser should be beware / cautious and search thoroughly before proceeding.
You said:
2) Who has to publish it? Buyer or Seller?
Reply:
It is the seller who should get it published.
Guest
(Expert) 19 June 2020
No Comments and Prefer to Repeat that Author should Discuss with Local Good Practicing Learned Advocates.
Raj Kumar Makkad
(Expert) 19 June 2020
It shall be better for the buyer to obtain a detailed search report through his lawyer before purchasing any property instead of public publication.
Guest
(Expert) 20 June 2020
Some one had advised obviously misguided the Querist saying only the Seller has to Publish the advts regard to his sale. Any one with Good Common Sense would understand that only the Buyer / the Purchaser of the Property who wishes to invest his money in the transaction has to be cautious and only he has to ensure his safety him self. More over such advertisements would be an Evidence if any dispute arises in future/long run.
Guest
(Expert) 20 June 2020
Regular News Paper Readers would have seen several such advertisements published by Learned Advocates on behalf of their Clients the Buyers/ Purchasers of the Properties and whether they would have done it with out any Valid Legal Reasons.for it.
P. Venu
(Expert) 20 June 2020
Publishing such advertisements are, in the absence of statutory requirement, are not only without any useful purpose, but also would lead to the seller compromising the legal protection that accrues as the innocent third party..
Guest
(Expert) 20 June 2020
" The Only Source of Knowledge is Experience " -- Albert Einstein.
Rajendra K Goyal
(Expert) 20 June 2020
Search report of last 30 years from your lawyer should be priority, while for extra precaution may proceed to give news paper ad.
Sometime such publication reveal beneficial information.
Raj Kumar Makkad
(Expert) 22 June 2020
Search report contains many other aspects relating to the property under consideration which cannot be served through publication such as mortgage, lien, exact location,, any legal dispute and so on so better to avail this modus-operandi by the buyer
Raj Kumar Makkad
(Expert) 22 June 2020
Search report contains many other aspects relating to the property under consideration which cannot be served through publication such as mortgage, lien, exact location,, any legal dispute and so on so better to avail this modus-operandi by the buyer
Raj Kumar Makkad
(Expert) 22 June 2020
Search report contains many other aspects relating to the property under consideration which cannot be served through publication such as mortgage, lien, exact location,, any legal dispute and so on so better to avail this modus-operandi by the buyer
Raj Kumar Makkad
(Expert) 22 June 2020
Search report contains many other aspects relating to the property under consideration which cannot be served through publication such as mortgage, lien, exact location,, any legal dispute and so on so better to avail this modus-operandi by the buyer
Guest
(Expert) 22 June 2020
If there is any Court Order related to the concerned Property even that would not be reflecting in the Encumbrance Certificate unless and until it is marked to the concerned Registrar and as advised News Paper Publication by the Buyer would be the Remedy
Guest
(Expert) 22 June 2020
" An Error does not become Truth by the reason of multiplied propagation nor does the Truth becomes Error because no body will see it " --- Mahatma Gandhi.
Raj Kumar Makkad
(Expert) 22 June 2020
Difference of opinion always prevails and should be respected in a democratic set-up.
Guest
(Expert) 23 June 2020
Difference of opinion as mentioned by makkar differs from Legal Practical advise.. Here the guidance is only to the Querist and not framing or forming of any opinions. . makkar would have stopped reading the news papers after 30 th march 2016 after Times of India published the News about him,... Regular readers of News Papers would have seen several advertisements published by Learned Advocates on behalf of their Clients the Buyers with regard to the purchase of the properties.
Rajendra K Goyal
(Expert) 23 June 2020
Though it is not a legal requirement to publish the intention of purchase in a newspaper, yet it is extra precaution which sometime may reveals important information.
P. Venu
(Expert) 23 June 2020
What could be such 'important' information. Kindly enlighten!
Guest
(Expert) 23 June 2020
Here we reply only to the Querist who had posted the Query and any other person seeking information should post an separate Query. with out involving or indulging in this Thread.
Raj Kumar Makkad
(Expert) 23 June 2020
Where are the rules of the site prohibiting the experts to raise any question and shouldn't separate thread started for the defamation of others rather in the same thread which is the habit of one of the experts since his birth?
P. Venu
(Expert) 23 June 2020
This is new protocol setting a new standard. Trust the proponent himself to abide by the same.
Raj Kumar Makkad
(Expert) 24 June 2020
Mr. P. Venu Sir! We al know that despite of the suspension from this site many times, he again starts same things only because we do not collectively rebut him.
Guest
(Expert) 24 June 2020
First confirm who got suspended obviously the person who had stated it was removed from his post after the publication about his Criminal action of misusing the Post published in Times of India on 30th March 2016 .
Guest
(Expert) 24 June 2020
First Understand the meaning of -- Rebut -- means --- Claim or Prove that evidence of accused is false..
Guest
(Expert) 24 June 2020
Now makkar should Rebut.
Guest
(Expert) 24 June 2020
Several times makkar used to address the particular Advocate only with his name with out any Mr and Sir. . Now out of his desperateness he started addressing with Sir.. So atleast some modification and correction and decency had happened . Appreciated.
Rajendra K Goyal
(Expert) 24 June 2020
One information already pointed out in the thread, regarding any pending court case / decree. Any agreement / interest of third party created can be revealed. Sometime the exact situation of the plot is in dispute due to encroachment / otherwise. Which would not be available in search report.
P. Venu
(Expert) 24 June 2020
All these aspects are/could be taken care by the recitals in the deed with the seller affirming as to such eventualities. The only perceived advantage is in making the purse lighter having paid the fee for the advocate and the charges of the advertisement. Of course, such misconceived notions are bound to be 'lawyer delight', but not necessarily for those who are juristically minded and having a conscience to take care of.
Rajendra K Goyal
(Expert) 24 June 2020
No lawyer is going to be benefited by such publication, it is a precaution, as additional measure in search.
Guest
(Expert) 24 June 2020
No use of arguing with an Retired Person who doesn.t read or seen Daily News Papers and with no Practical Court Experience obviously it is to Mr. P.Venu . " Lawyer delight " is an damaging comment about Learned Advocates that too sitting in Advocates Forum P.Venu had made this damaging comment.
Guest
(Expert) 24 June 2020
" The only Source of Knowledge is Experience " --- Albert Einstein.
Raj Kumar Makkad
(Expert) 24 June 2020
Publication may be an additional safety for the buyer.
K Rajasekharan
(Expert) 27 June 2020
Advertising in newspapers is considered by Indian jurisprudence as a means to inform people at large and to get back ill information in that regard. That is why before issuing a legal heirship certificate or selling a property in execution or before dismissing public servant or in many other similar situations,
Indian laws insist on for a newspaper advertisement. It may work at times but may not at other times. It can definitely work well in remote occasions. So saying that advertising about a property purchase is absolutely without any value at all does not survive as an acceptable proposition.
As stated already in other words, an Encumbrance Certificate will disclose every registered transaction relating to a particular property for a period requested for. But many charges or liabilities do not find a place in it.
Some of such liabilities that may not reflect in the Encumbrance Certificate are as follows:
1. If the property is mortgaged by deposit of title, it may not appear in it
2. Oral gift of immovable property by a Muslim needs no registration (there is a decision of the Kerala High Court against this prevailing view) and hence it may not appear in EC
3. Civil Court decree charged on immoveable property need not be reported to the Sub Registrar Office and hence such charges will not appear in the EC.
4. Easement rights over the immoveable property may not reflect in any registered document in the Sub-Registrar Office and hence such rights may not be included in the EC.
5. Pending civil cases need not be reported to the Sub Registrar office concerned and the liabilities associated with pending civil disputes may not appear in the EC.
This is not an exhaustive list but only an indicative one.
P. Venu
(Expert) 27 June 2020
To my knowledge, all the instances where the Law insists on paper publication is in giving notice or seeking, not in seeking or eliciting information.
As regards to the instances enumerated where the charges or liabilities are not reflected in the encumbrance certificate, those aspects could be taken care and are being taken care by the recitals in the deeds. As such, the status of the purchaser as the 'innocent third party' is protected. Advertisements in the newspaper as to the pending litigation does not, in any way, supplement this statutory position but may even compromise such protection in as much as it could be contented that the advertisement manifests the knowledge of the purchaser as to such complications and hence is not entitled for the protection as the innocent third party.
Guest
(Expert) 27 June 2020
A Good Advise by Mr.K.Rajasekharan that even the lay man would understand. .. Nothing more to add and Appreciated.
Rajendra K Goyal
(Expert) 27 June 2020
A good and informative guidance / advice from expert K Rajasekharan, thanks.
