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Manish Lal (Junior Exec)     22 December 2010

Sale of land

SIr/Madam, I have a few question regarding sale of property.

I have a ancestral land in goa on  which tenancy cases are going on in Mamlatdar office. Form 1/14 clearly mentions my family as owners of property without any tenants name. The property has been sold off to a  party by making a MOU followed by registered Sale deed. The MOU clearly mentions that tenancy case is running and purchaser is willigly purchasing it on "as is where is basis". MOU is registered with NOTARY and subsequent sale deed with respective Sub-registrar. After sale deed is over, Mutation of concerned property has taken place with form1/14 noting new names of over. mY questions are:

Q1) Since i have sold the land, who's liability is it to run the tenancy cases?

Q2) Whos liability is it to ascertain in the first place (prior to signing MOU and sale deed) about depth of legal cases running on the property?

Q3) can the purchaser go to court saying "he was not informed about tenancy cases and that he  wants the seller i.e me, to re-imburse his losses?

Q4) After MOU, Sale deed and mutation processes are over, what is my liability towards that property?

 

 

Kindly reply

Manish

 



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 December 2010

 

Q1) Since i have sold the land, who's liability is it to run the tenancy cases?

Ans- The purchaser.

Q2) Whos liability is it to ascertain in the first place (prior to signing MOU and sale deed) about depth of legal cases running on the property?

Ans- The purchaser, if you have fairly disclosed that there are cases going on.

Q3) can the purchaser go to court saying "he was not informed about tenancy cases and that he  wants the seller i.e me, to re-imburse his losses?

Ans- The MOU is the evidence of your bonafides, even if the purchaser goes to the court.

Q4) After MOU, Sale deed and mutation processes are over, what is my liability towards that property?

Ans- No liability.

 

1 Like

Manish Lal (Junior Exec)     22 December 2010

Thankyou Madam for answering my quesries. I have one more question to ask:

I am liable to inform the mamlatdar (incidently he is the same infront of whom mutation was held after sale) about tranferring the tenency cases to the new owner? If yes then how should i approach it?


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