Purchase of property from govt officials charged with corruption

Jaganathan (Querist) 26 March 2012 This query is : Resolved
Dear All,

I have a seller who is a govt official currently under corruption charges pending against him. He is offering his own property for sale.
1.Is it safe to purchase?
2.Is it a valid sale when corruption charges are pending against him?

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adv. rajeev ( rajoo ) (Expert) 27 March 2012
it is not valid to purchase such property.

R.Ranganathan (Expert) 27 March 2012
It is a risky proposition to purchase such properties. Better not to take any risks in these things because nowadays the property rates are very high.

Guest (Expert) 27 March 2012
It all depends upon how the property was acquired by the Government servant. Every property cannot be treated as sourced through corruption. Also every Government official is also not corrupt, but sometimes, some Government officials are made scapegoat for other really corrupt officers of the Government.

So, you need to know whether it is his own property or inherited from his ancestors? If his own property, what is the date of acquisition and since which year he is in Government service to know whether there was any connection of his official position in buying property during his service period? If property is free from all encumberances, there is no harm in buying such property.

It cannot also be overruled that the Government servant may be in dire need of money to meet with his heavy expenses in defending his position against the corruption charges, which would have compelled him to sell his genuine property.

Raj Kumar Makkad (Expert) 27 March 2012
I fully endorse the views of Dhingra ji. Every property cannot be regarded as assumed by way of alleged corruption charges. Even during the trial, the fundamental rights of the citizen cannot be snatched from him and such person can validly sell his properties.

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