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Himanshu (Company Secretary)     22 March 2010

Transfer of Rights

Hello All This is regarding a property \\

 

Mr A took a house on lease from Mr B and after 4 yrs Mr B died. There was no family of Mr B so Mr A continued living there. After 2 yrs of death of Mr B, Mr A renovated the house which cost him approx INR 1,00,000. After 8 yrs of construction, Mr A sold the flat to Mr. C for only the amount of construction giving him entire house.


Thereafter Mr A purchased a flat for 1.25 lacs and continued to live there till even date.


 What are the repurcussions and threats to Mr A ?

 

What are the liabilities that could arise for Mr A ?

 

Please revert as soon as possible.

 

Regards

 

Himanshu

cshimanshug@gmail.com



Learning

 4 Replies

Gundlapallis (Advocate)     22 March 2010

After B's death no claimant had come that's ok but that alone will not give any title or right to Mr. A to alienate the property though he might have spent on improvements.  The best thing he could have done is he should have continued his stay another 10 years and later should have claimed the property under adverse possession. 

 

As per law if a property is left out without successors the property should belong to the Government. 

 

Now A, after doing all querry mentioned things, though out of ignorance, its better for him to keep quite "lest not trouble the trouble until the trouble troubles him"

1 Like

Himanshu (Company Secretary)     22 March 2010

I agree Sir

 

But as A has sold that property and have bought another property.

 

Can C claim the amount of consideration that as A was not having the legal right to sell the property ?

 

Can A be asked to pay the amount after 20 years he sold that property.

 

Regards

 

Himanshu

Gundlapallis (Advocate)     22 March 2010

As you are a Company Secretary you might be knowing the legal maxim caveat emptor - The buyer must be careful and deligent before buying a property - If now C starts disputing about the property and shall the court should interfere in this.. the property will be reverted to the true owner.. i.e., in this case the Govt.  So its better for C to shut up and enjoy the property.

Your second querry is little bit a complicated - for a dispute yes it can be asked, but success dooms down on C.

bhagwat patil (Property due diligence 9422773303)     27 March 2010

u can sell to the extent only u own. u transfered only the possession of the property. the owership of the property may govt. or unknown. furthermore never say that u sold the property 


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