Liabilities of seller after sale deed and mutation are over
Manish Lal
(Querist) 22 December 2010
This query is : Resolved
SIr/Madam, I have a few question regarding sale of property.
I have a ancestral land in goa on which tenancy cases are going on in Mamlatdar office. Form 1/14 clearly mentions my family as owners of property without any tenants name. The property has been sold off to a party by making a MOU followed by registered Sale deed. The MOU clearly mentions that tenancy case is running and purchaser is willigly purchasing it on "as is where is basis". MOU is registered with NOTARY and subsequent sale deed with respective Sub-registrar. After sale deed is over, Mutation of concerned property has taken place with form1/14 noting new names of over. mY questions are:
Q1) Since i have sold the land, who's liability is it to run the tenancy cases?
Q2) Whos liability is it to ascertain in the first place (prior to signing MOU and sale deed) about depth of legal cases running on the property?
Q3) can the purchaser go to court saying "he was not informed about tenancy cases and that he wants the seller i.e me, to re-imburse his losses?
Q4) After MOU, Sale deed and mutation processes are over, what is my liability towards that property?
Kindly reply
Manish
Devajyoti Barman
(Expert) 22 December 2010
1. By virtue of orer 22 rule 10 cpc, the new owner will continue.
2. The purchaser unless the seller vouch for the unencumbrance of the peroperty
3.no
4. the suiit would continue.
Y V Vishweshwar Rao
(Expert) 22 December 2010
I agree with Mr barman !
The Vendor with knowledge of the Pending Litigation and with an undertaking to take responsibility of the litigation purchased the property and in furtherance of the Sale , mutation is also made . Now he is the owner with litigation to continue the same . In other words the purchaser - purchased the property subject to litigation - lis pendency
G. ARAVINTHAN
(Expert) 28 December 2010
Suit to be proceeded by the purchaser
