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SRIRAM (Engineer)     10 March 2015

Land cheating case vs new owners

Hi ,

 

We are in a situation where in a Land had been sold by some one in Early 90s .The Buyer of the land then has not registered the land or obtained sale deed or any thing rather has paid up the entire amount and claims to have prooof for the same .

 

Later in 2006-7 some guy buy the land unaware of this transaction , he develops the property with a builder .

The builder publishes the details in paper , all banks including SBI,LIC and other provide loan and this apartment now enters a pre-approved loan category in 2009 and later .

by 2011 Dec the buyer who had paid-up (and did not make any presence felt for 20 years - nor reflecting name in EC or anywhere ) appears and says the land belongs to them and files a case in court for compensation as 15% of development fee or typical .

It is very funny to see our system which let the Honourable court has agreed the person's demand to an extrapolated cost . While I still question the system , it is not the fate of the people who bought the apartment unaware of this proceedings that we need to take next steps to secure our hard earned money .

given this situation ,

 

 What should the people do ? It is like some one passing the bug of cheating and we have acquired it unknowingly .

 

Is there a way we can stop the bug with the builder or above ? Can someone please advice ?

 

 

 



Learning

 4 Replies

Suneet Gupta (www.vashiadvocates.com)     11 March 2015

If the land was subsequently purchased after a legal notice and the buyer has no registered documents then he cannot claim any right over the land. You should appeal this case and also put in the argument of Limitation Period for performance of contract, which is 03 years.

If the ghost purchaser has appeared 03 years after he made the payment, then he has no right to claim any compensation or share in the land.

SRIRAM (Engineer)     12 March 2015

Thanks a lot suneet

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

It is not a fact to be believed or legally acceptable that  the purchaser bought the land but not registered nor tried to acquire possession even after buying it many years ago.  You have a case to prefer an appeal if the judgement is against you in the trial court.

MUKUND KUMAR (Lawyer)     15 March 2015

Don't be penic, there also something like limitation. Akhir court ko b to kuchh kam chahiye. Ultimate and most probable judgement would be in your favour.

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