Devesh Singh 17 September 2023

Tenant was granted ownership by court after death of actual owner

Tenant has been living since 1954 in a house in (Uttar Pradesh)
He paid rent to actual owner till 1960 and after demise of the owner he paid the rent to some govt body
He claimed for ownership in mid 1980 (No legal heir ever claimed or appeared ever though fake heir came forth but court dismissed theor plea)
In 2002 district court declared the ownership to tenant (No one objected since then)

Now I am interested to buy this property in 2023

My Question:
- Does the court declared ownership means he has rights to sell this propert to anyone ?
- Is it completely safe to buy this property ?
- what all documents i should be having to avoid any issue in future ?

Thanks for your support.

Reply Follow

6 Replies

P. Venu (Advocate) 17 September 2023

What is the ground on which the Court had granted the declaration of the ownership of the tenant?

1 Like

T. Kalaiselvan, Advocate (Advocate) 17 September 2023

The court's order declaring the title to the tenant should be registered before the concerned registrar's office.

Then that registered document is a legally valid proof to prove the title of the tenant over the ownerhsip of the property.

If so you can proced with the purchase however you may obtain a proper legal opinion before proceeding with the purchase

Dr. J C Vashista (Advocate ) 18 September 2023

Tenant shall always remain a "tenant" and cannot be declared "owner" except by competent court in a legal proceeding.

The tenent must have filed "some" case to declare him/her as "owner" as stated by you, if so, contact same lawyer who have proceeded in such case.

Otherwise consult a local prudent lawyer with relevant documents / file for proper appreciation of facts/ documents, professional advise and necessary proceeding.

Noting can be presumed and obliged by experts on this platform on the basis of limited facts posted by you.

kavksatyanarayana (subregistrar/supdt.(retired)) 18 September 2023

Yes. The court order shall be perused. Though the court ordered it is not registered and hence not valid.

Adv. Mohit Chahal (Advocate) 20 September 2023

Dear Querist

Your query is based on Court judgment and decree and best legal opinion for Title of present seller may be ascertained by studying that Court judgment and decree along with relevant documents of revenue record.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site

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