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Adv.Manasi (Advocate)     23 July 2013

Old land owner now claiming the land

Mr. A bought land from Mr. B a (Govt. employee) in 2008 (Five years) ago for a valid consideration, all deeds are registered. Mr. B had bought the land from Mr. C in 2006 (Seven Years) ago.

Now in 2013 after elapse of 7 years Mr. C is claiming the land from Mr. A saying that he never sold the Land to Mr. B. & it could be some fraud deal. But Mr. C never showed up since last 7 years, also he never came to pay the Taxes, etc.

Mr. B (being Govt. employee is afraid of court case, so he claims to have stopped Mr. C from going to Court) says he is ready to refund the entire consideration to Mr. A what he received five years ago. Still no case has been filed in any Court. Mr. A has incurred expenses in 5 years towards, fencing, security charges & have also paid N.A. Taxes.

 

What can be the prospects in case the matter goes to Court?

 

Is there any Limitation clause or any provision which could preclude Mr. C from claiming the Land?

Mr. A will suffer loss in terms of appreciation of Land + the amounts he incurred as expeses in 5 years for the Land + the appreciation of his investment.



Learning

 4 Replies

Advocate Rohit (Advocate)     23 July 2013

where was Mr. c for last 7 years????

 

why he didn't visited the siad place for last 7 years???

 

How did Mr. C came to know about the land sold to Mr. A by Mr. B????

 

did Mr. C produced any facts to show that he was cheated by Mr. B????

 

Has Mr. C lodged any compalint of cheating against Mr. B????

When did Mr. C came to know about the possession of land given to Mr. A by Mr. B???

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Divya (nil)     23 July 2013

Hello Mam

Totally agree with Mr. rohit's statements stated above..

Also an act of fraud has no limiatation & even if it has everything starts from the knowledge of fraud...There could be some fraud in the original sale of property and that does not stop an original owner from claiming his rights...

 

Such a transaction I had equally seen where property was transferred through POA sale from a to b to c to d....At  the end it came to be known that "a" had cheated his siblings while fraudlently selling the property...Ultimately judge passes the verdit that all people incldng a, b,c,d have to pay the siblings the property value for their share as on today's date and they were also given a right in the property.

Adv.S.A.N.Baroodkar (advisor)     23 July 2013

if any body is intrested in purshasing a property then he should be mentally be prepared for any lititgation that may arise in near futher time . i totally disagree with mr. c that he is govt employee and hence want to avoid litigation. first  a fall its a civil dispute and not crimal so it wount harm him any way for this sevice.

Adv.Manasi (Advocate)     23 July 2013

Reply to Adv. Rohit

 

Where was Mr. C for last 7 years????

Mr. A don't know anything, he just approached him.

 

Why he didn't visited the siad place for last 7 years???

Mr. A don't know anything. 

 

How did Mr. C came to know about the land sold to Mr. A by Mr. B????

From Security at site C got the details of Mr. A

 

Did Mr. C produced any facts to show that he was cheated by Mr. B????

No, he is just verbally saying that I did not signed any deed selling the land to Mr.B

 

Has Mr. C lodged any compalint of cheating against Mr. B????

No.

 

When did Mr. C came to know about the possession of land given to Mr. A by Mr. B???

Recently, he claims so.

 

 

Now Mr. A the third party is the sufferer, is in possession of the Land & bonafide purchaser of Land, I want to know his Rights to the Land, whether he will succeed the dispute (in case dispute filled by C at Court) & get title to the Land. Can the elapse of 7 years benefit Mr. A to have claim over the Land.

Can Mr. A induct Mr. B in the matter & can ask Court to make Mr. B liable to pay Mr. C Compensation & protect his rights to Land.


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