Bonafide purchaser
Vijay
(Querist) 10 November 2013
This query is : Resolved
Dear Sir,
I bought 1 property in Jan,2007 as 3rd purchaser.I took a loan and all the papers were in place.Since then i am leaving peacefully in same property with clean possession
ajay sethi
(Expert) 10 November 2013
you have to contact a local lawyer . make an application to court for setting aside exparte order . since you have bought property in 2007 by registered agreement for sale you ought to have been made party .
try to find out whether Y was aware of the legal proceedings . he must have been served with papers of case . did he file an appearnce in the case and did he contest the proceedings .
your agrement with Y must be containing an indemnity clause wherein Y seeks to indemnify you against any claims made .
Advocate M.Bhadra
(Expert) 10 November 2013
You are a rightful purchaser in terms of Transfer of Property Act.If you did not got any summon from a Court in your name then you need not appear in any court of law.You now continue to hold possession of the property and if you are apprehend to any disturbances on your peaceful living then file Suit for Declaration and Injunction in Civil Court where the property is situated. If your property is mortgage in bank then you can also submit an application to the Bank.
R.K Nanda
(Expert) 10 November 2013
nothing more to add.
Vijay
(Querist) 10 November 2013
Thank you all for your prompt and valuable suggestions. After receiving the copy of the exparte judgement, I contacted the wife of X and Mr. Y. They both were served the notice yet none of them appeared in the court. Mrs. X thought that Y might have appeared and Y says that his address is wrongly mentioned in the court and thus he never received any court notice. Now they have both given a written affidavit which has been submitted in the court by my local lawyer. Meanwhile the counter filed from the family of X admits that my transaction happened in 2007 and we are in possession of the property. Unfortunately the court is vacant since 2 years, hence no progress.
I have a query - does possession means that i need to be physically present at the property always or can i rent it out to some tenant through a rental agreement?
Thanks again!
ajay sethi
(Expert) 10 November 2013
the reason why X and y did not appear was they have sold the property and re ceived consideration . they have got rid of the property . you are the one stuck with the same .
if the court is vacant in case of urgency you can make application to another court whoi has been assigned the cases of the vacant court
Vijay
(Querist) 10 November 2013
Dear Sir,
You are right,I am the only one got stuck with my hard earnings and sometimes i feel they both have colluded and got me trap in this.Though it will be extremely difficult to prove in court.
Sir , I have a query - does possession means that i need to be physically present at the property always or can i rent it out to some tenant through a rental agreement?
Thanks again!
V R SHROFF
(Expert) 10 November 2013
Well advised, nothing more to add.
Try to occupy by yourself, Otherwise court may infer, u don't need the premises...
u r bonafide purchaser, not to worry. But
be in actual possession
Vijay
(Querist) 10 November 2013
Dear Sir,
Thanks a lot for valuable suggestions.I will try to be in actual possession till my job is in city.
Vijay
(Querist) 08 September 2015
Please advice!!!
Appreciate your help.
Vijay
(Querist) 08 September 2015
Please advice!!!
