suresh choudry (junior exeutive) 03 March 2010

Legal advice

Hello Experts,

In the year 2003, i have purchased a flat in chennai through a builder, the builder has a got a power of attorney for selling the land which was purchased from one mr kuppuswamy. i purchased the loan through a nationalised bank. the legal adviser of the bank stated that the land is free of encumbrance and have clear marketable title. but recently we came to know the land owner mr kuppuswamy owes some Rs. 10,00,000/- to a company "X". and mr kuppuswamy didn't paid the money back to the company. this was happened in the year 1997.

The company has approched hight court of chennai and got an injunction in the year 1999. the court ruled in favour of the company and ordered mr kuppuswamy to repay the amount with interest.. but till date he has not cleared the amount and case is moving from one court to other. one of the courts in the year attached the properties of Mr kuppuswamy to Company "X". unfortunately the flat which was purchased from my builder was also attached.

my question is the land which was purchased from Mr kuppuswamy was having clear marketable title. how come the court has attached the property which free of encumbrance.

Please advice me with your legal opinion to clear this hurdle.

Reply Follow

5 Replies

Gundlapallis (Advocate) 04 March 2010

When was this order of attachment by the court was made? prior to or after your purchase?

suresh choudry (junior exeutive) 04 March 2010

Sir,

This order was passed after the purchase of Flat i.e in the year 2004 and the flat was purchased in the year 2003.

Parvez Qureshi (Officer) 07 March 2010

hi Suresh,

I have rented my property for commercial use in residential property, however now my society members are telling me that i cannot rent property for commercial use in residential property.

Kindly help me, what is the LAW for renting property.

Also one more thing to add , that i have few flats in my building also rented for commercial and also few owners themselves are also using house as Office - Cum - Residential purpose.

I do not want to fall in dispute with my society members, as i have my financial responsibilities.

Kindly suggest me smart infact diplomatic way to come out of this situation.

Parvez

suresh choudry (junior exeutive) 11 March 2010

Sir,

The Attachment order was passed in the year 2004. I purchased the flat in the year 2003. my query is, the party has not approched the sub registrar's office for attachment in the year 2004. Sir, why they have not approched the sub registrar's office with the order for attachment in the year 2004. Even If they approch the sub registrar's office with the order my question is whether the sub registrar will allow the attachment of the property which was not in the name of defendant Mr Kuppuswamy.

Your valuable suggestion will help us lot.

suresh choudry (junior exeutive) 11 March 2010

sir,

one more request is it necesarry for me to file a petition. since i am bona fide purchaser and also the case only between Mr kuppuswamy and Company X.