Querist :
Anonymous
(Querist) 22 November 2011
This query is : Resolved
Sir, I am in a great confusion please help me . I purchased the plot in 2007 from “X” who purchased it from “Y” who in turn had purchased it from its recorded owner “ A “ with the dda. I have got the said plot converted to freehold also. The “A” had become the recorded owner of the said property of “B” ( the allottee) after his death in 2003 as being his (“B” s) only LR alive . Now the dda have given me the notice stating therein that the recorded owner “A” had defrauded the dda and by submitting forged and false documents in dda fraudulently and illegally got the said property mutated in his name therefore the perpetual lease , possession etc executed in favour of “A’ has been cancelled . Further one “K” claiming to be the purchaser of the said property has applied for the mutation on the basis of the registered Will executed by “B” in his favour in 1996 . The real LR’s Of the real “B” have given the NOC in favour of “K” in DDA . I have also come to know that the “K” has written to the dda in the year 2000 claiming to be the bonafide purchaser of the said property from “B” in the year 1996 . My query 1) Is the purchase of the said property by me from “X” illegal ? 2) Will the property go out of my hands ? 3) How Can I retain my property ? 4) what are the legal options available to me ? Please answer my all the queries as I am very tensed . Thanks
ajay sethi
(Expert) 22 November 2011
yes it is illegal . if A had on basis of false and fabricated documents got the property transferred in his name and DDA has cancelled the perepetual lease then you do not have nay clear and marketable title to the property .
yes it will go out of your hands .
you cannot retain the property as B was the owner of said property .
you will have to ask X from whom you purchased the property to refund the amounts paid by you . if X refuses to refund then you will have to move court
Rajeev Kumar
(Expert) 22 November 2011
Agree with sethi
Querist :
Anonymous
(Querist) 24 November 2011
sir, does "K" have any right in the property after getting the NOC from the real LR's of B . Is "K" entitled for mutation in his name . How can i stopt the mutation in favour of "K" .
Advocate. Arunagiri
(Expert) 24 November 2011
You are not a legal owner, you can not stop the mutation in favour of K.
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