Will related
robert
(Querist) 29 February 2012
This query is : Resolved
when a person sales a property without having the proper title on the land and thereafter a dispute arise on that plot of land and goes to the court in such a situation I being the purchaser will suffer irreparable loss if the person who sold the property to me losses the case. So, Can I be a party to the suit . If So what to do ? and If person who sold the property to me losses the case then what can i do to recover my money that I have given to him as the purchase price of the land. And what remedies are left for me? Please suggest me?
adv. rajeev ( rajoo )
(Expert) 01 March 2012
It is your mistake. While purchasing the property you could have made proper enquiry about the tittle.
File complaint against the seller.
Kirti Kar Tripathi
(Expert) 01 March 2012
Yes, you can pray for impleadment as defendant in the suit. Further can also claim return of consideration and damages from the person, who sold the said property to yous without having valid title.
Adv.R.P.Chugh
(Expert) 01 March 2012
Dear Querist,
If you are in the know of the dispute - at the time of purchasing the property then you are caught in a tough spot - your title is defeasible. Your title rests on the title of the person you have acquired your title from. However in any case in the ongoing litigation you can request yourself to be added as a party and put forward your claims. If the transaction falls ultimately (i.e your predecessor in title losses) your agreement frustrates becomes void, you can seek restitution
Sankaranarayanan
(Expert) 01 March 2012
Yes you did the mistake. Without seeing proper verification hw you bought. What is the mode of payment is any receipt you got from him. If you have proof then file cheating case against him
Kirti Kar Tripathi
(Expert) 01 March 2012
It is true that the mistake has been committed by him but in the present circumstance, what remedy he has ? at least we can guide him.
prabhakar singh
(Expert) 01 March 2012
You can seek your impleadment in on going suit against your seller and can also file suit of recovery of money paid in consideration of sale if you assess some defect in the title of your seller.
