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Anand Thakur   28 May 2021

Suit property purchase

Hello, I am looking for purchasing suit property where main suit already decisioned but appeals pending. In any case court has order for cancellation of sale deed and handover the property to the main owner.


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 8 Replies

Sankaranarayanan (Advocate)     28 May 2021

so you aware the facts of case and already decided to buy the property. Make agreement with the owner of  the property and wait till the pronouncement of appeal

Advocate Bhartesh goyal (advocate)     28 May 2021

Though trial court's decision favours you but still you should wait  and postpone the idea of purchasing the property till the decision of appellate court.

Anand Thakur   28 May 2021

It will take time i.e. 7/8 years and seller will not wait for such long. What if I did sale deed, will court cancel it in future as I already paid stamp duty and consideration to the seller as well.

Dr J C Vashista (Advocate)     29 May 2021

As stated by you appeal is pending against the decision of lower court, it implies that the property is still under litigation, accordingly you must wait for finalisation of the case/appeal, if you are keen to purchase the property.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     29 May 2021

When an appeal is pending in the matter, in case the higher Court decides the matter against the Seller, your mere paying stamp duty and creating a Sale Deed shall not be of any consequence. The Court order against the Seller shall stand and the other party in whose favour the Court gave its judgement,  shall be free to take possession of the property. Therefore, it is not prudent to proceed with the purchase of such property at stage without ensuring that the final judgement is in favour of the Seller.

Anand Thakur   29 May 2021

This is case one farm land given to another person for layout, NA and then sale the plots, accordingly given POA and agreement registers in between both people in 1989, then in 1993 main owner prays to court that some amount is pending and another party missuse of POA so cancel all deed and handover plots to us. There were 2 sale deed already registered while main suit was going on and now court given judgement that whatever amount is pending to be paid with interest to the original land owner but no adverse remark against property owners.  So still court will pass order agains plot owners or will go with the lower court order. 

T. Kalaiselvan, Advocate (Advocate)     29 May 2021

As there is no stay order to operate or execute the trial court's decision, the seller can very well sell the property to the prospective buyer.

In case of any decision going against the seller in the appeal, then the subsequent buyer will be in trouble and he may also be impleaded as a party to the pending litigation even if further appeal has been preferred.

Thus knowing very well that there is  litigation pending on the property, it is not advisable to buy the property under litigation or if you can face the future consequences in this regard then you can proceed.

 

 

Dr J C Vashista (Advocate)     30 May 2021

It would be better to consult your lawyer who is well aware about facts and circumstances of the case.


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