Madhu (Analyst) 31 July 2013

Attachment property

Hi can any one answer the below query

We Purchased the Home on May 18^th2013, from Y that house value on paper is 5,50,000 . But actual amount we paid on hand is more than 5.5 lakhs, with the evidence of three people(one my father, my cousin, and one more person)

We have the following documents

1. Original Register papers (Registered on May 18^th 2013), Registered on my Wife’s name

2. Original Link documents(prior Registration documents)

Know we come to know that, there is one attachment on that house for money borrowed on X, if we enquired in the court one layer told that one person made attachment on his house as well as salary on person X (Person Y Bought the house from X in 2009, We bought it from Person Y in 2013).

We come to know that there were two more attachments on the same property in other court (other District). We still need to get the details of it.

Person X is Government employee he is working somewhere, we come to know that his salary also deducting due to some attachments

Person Y is Retired Government employee, I think he is getting his pension now I am not sure what kind of properties he is owning on his name as of now

Now my question are below

1. How we can come to know that such kind of attachments from other areas or courts.

2. How many attachments are valid on same property

3. What are the ways we can proceed to get my full amount or is there any way we can get that house with all clearances

Regards

Madhu

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5 Replies

adv.raghavan (Advocate,9444674980) 31 July 2013

there will be indemnity clause in your sale deed, make use of that clause and sue the seller, he would have declared that property is free from all encumbrances, and free from all legal disputes. file a criminal complaint against the seller under 417,420 of IPC.

Madhu (Analyst) 31 July 2013

Hi Sir,

How can i know such kind of attachments exist on same property.

Some one told there two more attachments on the same property in another court?

is register office does not come to know such kind of attachments existed on that property.

adv.raghavan (Advocate,9444674980) 31 July 2013

it is the duty of creditors to get the court attachment order entered against that particular sale deed , they have failed even after getting court attachment order..Only when u make sincere efforts to File E.P and get the orders, entry will be made .otherwise it is very difficult to chase all these things. it is the duty of creditor to make such efforts. in your case the creditor and the seller had played foul game. it the finest case for criminal complaint so that the seller will come out,with his full debt details and he is suppose to indemnify against all losses incurred by u.

Madhu (Analyst) 05 August 2013

Hi could you please answer the following query

You said it's duty of creditor to make it entery on subregister office, he did not do that that is the reason Subregister have done the registration on my name, with this point can we say that he or court doesnot have any rights on my property.

adv.raghavan (Advocate,9444674980) 05 August 2013

i told u there will be a indemnity clause in your sale deed, have u gone thru that, if he says he will indemnify against all losses incurred byyou, he has to do that, and second option is to go for criminal complaint, have thought over it, the creditor will have all the right, because he has extended loan to your seller.