Regarding a farm land bought in a court auction
Querist :
Anonymous
(Querist) 05 February 2022
This query is : Resolved
Dear experts,
My friend bought a farm land in a court auction(court case was filed by someone who is owed money by the farm land owner).
And he can not pay the full amount, so he requested us to invest.
I would like to invest in the land, but I have below queries.
1. Can I get it registered directly in my name from the court(though my friend paid the deposit in his name?) if yes, what is the process?
2. Do we need to get signatures from the farm land owner in the registration process or court will sign on behalf of farm land owner?
3. Court will measure the farm land and handover it to me?
4. Can you please tell me any important things I need to follow/consider in order to complete the process smoothly.
kavksatyanarayana
(Expert) 05 February 2022
Your friend got the Farm Land in an auction in the court. So the court shall execute the sale deed on behalf of Judgment Debtors in favour of your friend. If you and your friend request the court to execute the sale in your favour, it may be considered. But to my best, it is not possible. First, your friend shall get the registration and after that, you can obtain a sale deed from him.
Dr J C Vashista
(Expert) 07 February 2022
1. Can I get it registered directly in my name from the court(though my friend paid the deposit in his name?) if yes, what is the process?
No, the property can be registered by the Bank in the name of your friend but not in your name. However, you have no locus standi to the auction / transaction, isn't it ?
2. Do we need to get signatures from the farm land owner in the registration process or court will sign on behalf of farm land owner?
It is responsibility of the Bank conducting auction. How does the owner of farm recognise you to sign any document for transfer of title of mortgaged property ?
3. Court will measure the farm land and handover it to me?
It is your friend to satisfy himself / herself before bidding in the auction process. It is responsibility of Bank to handover possession to successful bidder.
4. Can you please tell me any important things I need to follow/consider in order to complete the process smoothly.
It is better to consult and engage a local prudent lawyer in your benefit and to protect your interest.
Querist :
Anonymous
(Querist) 09 February 2022
Thanks everyone.
Also, can my friend submit some amount as cash and some amount as cheque?
Querist :
Anonymous
(Querist) 09 February 2022
Hi Experts,
Once my friend gets the farm land register in his name, can the farm owner go to higher court and cancel the registration within any grace-period?
Dr J C Vashista
(Expert) 10 February 2022
After registration of land in the name of vendee (purchaser) s/ he is titleholder (owner), which will, even if challenged, shall not sustain in law.
