(Querist) 12 July 2008
This query is : Resolved
sir my father purchased a piece of land(withbuilding) with out knowing that it is a litigistic land and the case regarding the owner ship of the property is pending before the court actually the case summary is ... the plaintiff who wants to trouble the defendant put a case in the court claiming that he is the owner of the property but in actual we very well know that the property surely belongs to our seller(defendant).now the case has come up to the stage of an issue what is the meaning of the term "issue" further out the 3 conditions put by the plaintiff 1.to restrain the defendant from interfering in the plaintiff peaceful possession 2.to confer ownership title on the plaintiff 3.to reimburse the amount clause 1 has been verdicted against the plaintiff does it mean the case is closer to an end sir pl have a note here that the person (plaintiff ) according to our well known sources is not an owner he simply put the case in 2004 to trouble the seller.further what is the legal position of my father
J K Agrawal
(Expert) 12 July 2008
Simple rule is that the purchaser should be aware and should have checked the perfectness of the title of seller at least up to last 30 year record should be searched. But a bona fide purchaser has protection in Law. If you are sure about the title of seller you need not worry. Your belief is of no value, the title should be perfect in the eyes of Law. When a person files a suit in the Court the other party replies it.Then The Court sort out some questions of controversy which are to be decided by the court after evidence.These questions are called Issues.
(Expert) 13 July 2008
It is against S.52 of transfer of property act.If plaintiff or anyboby brings notice of Registration office or Court ,your sale deed shall be cancelled.Plaintiff filed the suit ..it looks like to you the way you think ....but Civil Suit is costly why anyone shall sue without right? IT has costs to be paid to opposit parties if found not genuine and his claim fails in court?