Haady (Student) 05 May 2023

Property purchase

Hi...we wanted a house... So my father and mother sold all their property and bought a house from a lawyer. He told that this property is true and legitimate and he also told that he's a lawyer so you can trust me... My father believed him and signed the contract. We paid about 3/4 of the amount due. And the remaining we thought of taking a loan. When we gave all the documents for the paperworks to the bank... The bank told us that this property got another ownership and it's riskier for them to provide loan. We were so broke hearing the news. The real case is that the true owner of the property has been missing for 60 years. So this property was sold to a third party(the lawyer) by the real owner's family members through a court judgement even though they were against it. Now we are in a situation where he's constantly blackmailing us for the remaining amount to be paid. We don't know what to do since we can't even claim loan for the property. We are now living in the house in a lease agreement made by the lawyer. And now the agreement's validity has been expired and he's refusing to renew it. The house is in situation where water drips through fan on rainy days. The house is made with very low quality materials. Is there any way for us to get out of this problem. Please help...

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 05 May 2023

Whether a lawyer or a third person, a seller is a seller and it becomes the duty of the buyer to obtain a proper legal opinion about the property to be purchased from a different lawyer.

Well, if you have entered into a sale agreement, you can communicate the deciion to cancel the sale agreement in writing through another lawyer and demand return of your advance amount.

You can quote that since he is not having a clear and marketable title to the property, you are not interested in purchasing the property.

After that if he is not treturning the amount, you can file a money recovery suit against the lawyer.

Dr J C Vashista (Advocate) 06 May 2023

Besides the advise of expert Mr. T Kalaiselvan, which I fully agree, you may file a suit for specific performance, if the vendor failed to get the document registered qua subject property.

However, the buyer has to be beware about the property under sale / purchase.

It would be better to cancel the agreement to sell and issue notice for refund of money paid to vendor.

P. Venu (Advocate) 06 May 2023

"The real case is that the true owner of the property has been missing for 60 years. So this property was sold to a third party(the lawyer) by the real owner's family members through a court judgement even though they were against it"

What is the Court Judgement? Are real owner's family members the legal heirs of the missing persons? Has the said Judgment and decree been duly executed?