Purchase of house preperity
SONU KUMAR SHAW
(Querist) 18 October 2013
This query is : Resolved
Dear Sir,
one of my friend has purchased a house prosperity in our locality on 1st may 2013
i.e. registry has taken place on that date
but the seller have asked some time to vacant the house.
Now on 15th oct 2013 suddenly seller is telling that his Uncle is asking him to sell the property to him . As he had not given his uncle any notice about selling of the property he is telling that he is going to give a notice to his uncle and if he will not get ready to take the property then he will vacant the property
can he do this!Is it legal that after selling such property any one can tell like this.
if there is any rule that is making him bound to give notice to his uncle why I am not told about that at the time of registration. Isint the duty of resistrar to ask about it at the time of registration
what can my frind do
what are the legal protection available to him
kindly suggest
Devajyoti Barman
(Expert) 18 October 2013
The seller is doing the wrong thing. If the house is not a joint family dwelling house, his uncle need not be served any notice. In any case that should have been done prior to sale.
Now it is too late.
Ask him simply to vacate the house and take possession of the same immediately.
His uncle would complicate the sale after getting notice.
Let him do whatever he wants but before that take possession of the house.
ajay sethi
(Expert) 18 October 2013
take immediate possession of property from seller before his uncle moves court . i dop hope you have checked that title to property is clear and marketable before entering into agreement
Rajendra K Goyal
(Expert) 21 October 2013
Take possession immediately to save the interest of the purchaser.
malipeddi jaggarao
(Expert) 22 October 2013
Before purchasing any immovable property one should examine the valid title of the seller and how the is devolved on him. I hope you have examined this aspect. How his uncle is connected to the property? If you have not examined the title before registration, obtain encumbrance certificate which indicates the names of owners (at the time of registration) and how and from whom they acquired the title to the property. Your name will also appear on the present EC as present owner of the property. If his uncle is no connected with the property as per the EC, your right is absolute. If he is joint owner and you could not examine this fact before registration, you can file a cheating case against the seller that he has supressed this fact and registered the property for which is not absolute owner.
You have to take possession of the property immediately and do the above exercise.
