LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

deepika srivastava (student)     04 February 2010

ownership of land

we bought a land after satisfiying from the all available source dat the property is clean n clear.Now we got to know that there was already a case was instituted in court against the seller at the time of sale regarding the ownership of the land.And that third person has now own the case.Now is there any chance for us to reclaim the land or atleast get the money.


 3 Replies

Suchitra. S (Advocate)     04 February 2010

Deepika,there is no way you people can get the land, as the person from whom you bought the land is not the real owner at all. And reagrding the redeeming the amount advanced, it depends on the terms of agreement between you and the seller.

R.R. KRISHNAA (Legal Manager)     04 February 2010

At this situation you are only entitled to claim the amount spent/paid by you towards the sale.  You first ask the seller to refund the entire amount, if he fails to do so you issue a legal notice and then file a suit. 



rajkumar.vnm.marupeddi (advocate)     05 February 2010

From your explanatinon, it seems that you were not informed about pending suit procedings at the time of your sale transaction. In your sale deed, your vendor  might have recited that there are no encumbrances, pending litigations over the property.  If so,  your vendor is guilty of suppression of material facts and encumbrances over said property, beacuse of which you sufferred loss of sale consideration amount. Undoubtedly, you are entitled to demand your vendor to refund the entire sale consideration, registration expences along with interest, Issue a legal notice accordingly, If your vendor fails to refund, you can lodge a criminal complaint for the prosectuion of the offence of cheating and other relevent offences under IPC. You can file a civil suit for the refund of your money and obtain attachment orders against your vendor on his other immovable properties.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query