Kumar 04 April 2016

Need advice for property purchase

Hi Experts,

I need some advice on property purchase. I have identified a property for purchase and history of it is as below.

Mr. X (son Mr. Y), the owner of house who has done a sale deed for external person who has provided cheques at the time of registration. Mr. X included cheque details in sale deed and executed it and later the cheques got bounced. Mr. X collected all the original docs from external person and that particular person got absconded as he is a defaulter in some nationalised banks.

Now Mr. Y filed a case in court for possession of that particular house (Paper statement was also given for this) and court has given verdict to file EP. My questions are

How Mr. Y can get possession rights when Mr. X is the owner ( I have asked Mr .Y and he told he has applied for AGPA from his son – I am not aware of this)
Is it safe to purchase house from him?
Who needs to register sale deed for me Mr. X or Mr. Y?
Is there any chance of that absconded guy to revert back for property?
Is it safe to purchase with a GPA of Mr. Y?
IS it safe to purchase if Mr. Y gets that GPA registered by paying stamp duty to govt?

Please suggest as I am very much confused with all these things.

Thanks in advance.

Regards,

Kumar

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(Guest)

EP -- I presume ex-partee

AGPA ---- ?

X should do cancellation deed with that person he has not done it under circumstances he should move under Specific Relief Act 1963 for cancellation of instrument. Once document is cancelled by court and order register with registrar under registration act . then he can sell the property legally.

Y may be claiming that this is HUF and he is coparner of the Hindu Undivided family. So now for any transcation everyone in X ,family , male female etc have to sign document for any property transaction you can not leave even one. If minor then it should be mentioned that natural gaurdian is selling rights of minor for his welfare. And Minor and his next generation all don't have any right hencefoth

The Judgement copy required to be studied to come to conlusion and it has to be checked whether that instrument of sale which was done from x and external party is cancelled by cancellation deed or under specific act .

Without looking this, property does not have clear title

If original sale deed is cancelled legally then only you can take next step, Else not.

All members of HUF including karta (X i suppose) should sign next instrument that is sale deed.

This is what i can tell with limited information . You require to study Judgement (People mislead court and get wrong judgement too, It is called fraud on court and then they too go and cheat some one outsider, So only relying on judgement is not fair enough. You need to study all things.)

For this you need good Advocate locally who can check all thing (Most imp. thing in court case whether there is any appeal pending that too have to be checked. or whether they are showing sub-ordinate court judgement and higher court some other judgement and decree passed)