Buying a land
Ravi Kumar
(Querist) 19 November 2011
This query is : Resolved
Hello Sir / Madam,
I kindly request your valuable advise on the following situation:
Currently am planning to buy 3 cents of land from the Land owner and when i collected the documents copies from him found that,
1. In the year 1996 the current land owner has executed a sale Agreement with the old owner, and since the old owner was not abiding the points mentioned on the agreement and was not willing to register the land since he wanted more money than what was agreed initially, the current owner has approached court and filed a case based on the sale agreement.
2. In the year 2003 the court favors the current owner and judgement was Ex Party Decree since the old owner has not attended any hearing from 1996 till 2003.
3, Based on the judgement offered, In 2005 the court, Addl Judge, has registered the land and offered the same to the current owner. So the current owner got the land registered through court.
4. In the year 2007 the current land owner sold a part of the land to another person and now has the other half.
5. Now currently am trying to purchase a part of the land he has.
My query is whether there is a chance that old owner could appeal now? opposing the Exparty decree judgement issued by court in 2003.
Please advise on what to be done to me to be safe after the purchase of land? or should i look for another property?
Many thanks,
Ravi Kumar
91 9363125001
ajay sethi
(Expert) 19 November 2011
exparte decree has been passed in 2005 . till date the old owner has not filed any appeal . since no application has been made for setting aside exparte decree for period of 6 years there is no legal bar for you purchasing said property
Ravi Kumar
(Querist) 19 November 2011
Thanks for the advise Sir,
One of my family friend suggested that the old owner can file an appeal within 12 years from the decree date?
Am not sure on this, can you please advise?
Many thanks in advance..
Ravi Kumar
91 9363125001
Devajyoti Barman
(Expert) 20 November 2011
Appeal after 12 years.... definitely he is residing in a fools' paradise.
The time limit is generally 30 days.
prabhakar singh
(Expert) 21 November 2011
yes, i do agree experts query reply
Ravi Kumar
(Querist) 21 November 2011
Thanks a lot for all the suggestions..
