Land litication
Kishore
(Querist) 16 June 2014
This query is : Resolved
Sir,My father has purchased land.After 5 months we came to know that there is a case on the land which was claimed by the last 2nd(2 transactions below us) parities step-mother's son.Now what can we do.Its already 1 and half year into case. can we sell the land.Please kindly answer
ajay sethi
(Expert) 16 June 2014
how was land purchased? was it by registered sale deed?
whether seller was party to said suit proceedings ? did you do due diligence before purchase of land?
Kishore
(Querist) 16 June 2014
Thanks for quick response ajay sethu ji.My father is saying he purchased from the sale deed it self.and he doesnt that at the time of purchase the case is there or not but after purchase and after 5 months we got a notice.
ajay sethi
(Expert) 16 June 2014
your father is bonafide purchaser of value .the sale deed must be containing an indemnity clause . the seller must have agreed to indemnify your father in respect of any claims made in respect of the property .
you wont be able to sell the land as an injunction must have been granted by court restraining your father from selling the land . contact a local lawyer
Rajendra K Goyal
(Expert) 16 June 2014
The case is in the court and you have to wait till it is decided on merits. You can claim from seller in case the decision goes against you. Any advise on merit can be given on referring the case file.
Sankaranarayanan
(Expert) 16 June 2014
Noting more to added. yes i do agree with experts
Raj Kumar Makkad
(Expert) 16 June 2014
Seller is responsible for all the losses/defects of ownership as already contained in the sale-deed so you can definitely get the sale-deed set aside by filing a civil suit and get your money with the due compensation, if you desire.
T. Kalaiselvan, Advocate
(Expert) 19 June 2014
I agree with the views expressed by Expert Mr.Ajay Sethi in this regard. Nothing more to add.
