Sanjib das (officer) 12 August 2011

Advice required urgently

My aunt purchased a plot of land in the year 2008 from Mr.X.Prior to purchase,she completed all the due diligence to be followed in such cases viz searching land's title at the local BLLRO office and also gave an adv. in a leading newspaper regarding her intention to purchase the said plot of land to ascertain if there are any other interested party over the said land.On getting no such response from any corner,she purchased the land and registered the same in her name.She also constructed the boundary wall.After 11 months,a leading nationalized bank affixed a notice on her land that the said plot is mortgaged with that bank for a huge sum of money.She filed a title suit in a civil court and also filed a criminal cheating case in the local police station against the seller.

After some days,the seller was arrested and subsequently,he got bail.Then the seller released the original title deed from the said bank and also obtained a no-objection letter from the concerned authorities that there are no charges in respect of the said land and that the said land is released to the seller by virtue of an one time settlement with the bank and the seller.I have got a copy of the no-charge certificate.

Now,the seller wants the land back from my aunt and he is refusing to hand over the original title deed to my aunt.He is also threatening that if she refuses to re-sell the said plot to him,he will return back the said deed to the bank.

Please suggest my course of action.

Regards

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3 Replies

J.PRAVEEN KUMAR (Advocate Madras High Court) 14 August 2011

Mr.Sanjib,

How could ur aunt has registered the sale without having the original parent documents. she should have verified the E.C. till date of purchase before buying it. Instead of Paper publication , she should have approached a local lawyer for a Legal opinion . "Caveat Emptor - Buyer Beware" .

U can apply for E.C. for the said property now, if ur aunt's name is been reflected in it, then u need not worry about it ..He can not give the Title Deed back to the bank at his whims and fancy..

Sanjib das (officer) 15 August 2011

Dear Sir,

Thank you very much for your reply.I would like to state two more facts in this regard.....

1) I have already made search at the local land registry office and my aunts name has come up in the search report as the registered owner.

2) My aunt has already got the said land mutated from the Block Land revenue office and has got the mutation certificate and tax deposit receipt in her name.

My query is that:

1) If the bank revokes the one time agreement citing non payment of dues by the seller,then can they take back the original deed and lodge a claim over the property at any later date?

2) If such thing happens,then what will be her course of action.

3) What is the status of the land right now?Does my aunt enjoy a clear marketable title over the said land ?

Regards,

Sanjib Das.