Sell of property with defected title
Manish Kumar Gupta
(Querist) 22 April 2013
This query is : Resolved
Sir,
We have purchased a property, from B (widow of A) having three minor children (two male and one female). At the time of sale she did not disclosed the girl child, and told the company that she is having 1/3 share in that property, and remaining 2/3 share is of minor 2 minors sons.
Based on her assertions we have purchased her share. Now (after 7 years of sale) she has moved an application to tehseeldar that at the time of sale she is having three children (not 2) therefore necessary correction to be made. Unfortunately the tehseeldar without giving notice to us accepted here plea, and reduced our share in revenue records, realizing that she is only having 1/4 share at the time of sale instead of 1/3 share.
We need your help as -
1. What remedy we are having when we have purchase the land based on assertion made by the seller, who is having defect in title, or who himself hiding the facts.
2. What remedy we are having against these corrections made in revenue records without giving notice to us.
3. How we can check these type of defects at the time of purchase of property.
Thanks and Many regards.
Manish Kumar Gupta
Sailesh Kumar Shah
(Expert) 22 April 2013
1. file criminal complaint and file civil suit for recovery of money.
2.move restoration application.
3.take due diligence.
Raj Kumar Makkad
(Expert) 23 April 2013
A buyer is required to be more vigilant than the seller. It is highly surprising that the company purchased the land merely on the assertion of the seller instead of documents and a detailed search report.
The share of the minor sons even could not have been sold without the permission of court. If no permission had been sought, the company is going to suffer further loss as B is having only 1/4 share and she could not have sold more than this.
Now come to relevant question of the non-disclosure of the name of minor daughter by that lady. Definitely such lady is liable to face criminal case when she deliberately suppressed the name of her daughter when she claiming herself as owner with her minor sons owner to the extent of whole property sold it.
At the time of purchase of agricultural land, a detailed and minute search report is required to be obtained through a reputed practicing lawyer.
