Land registration issue!
Ganesh Pandey
(Querist) 04 August 2012
This query is : Resolved
If a person enters into an agreement to sale a land with another person and subsequently if that land falls into litigation, is it possible to do the registration of that land?
Regards,
Ganesh
prabhakar singh
(Expert) 04 August 2012
One thing is clear there is an agreement to sale of land.
subsequently there is a dispute(i suppose with third party,though untold)with regard to ownership of land is another guess you left for me.
And this is how you ask can sale deed be made
in such a situation?
It can not be if there is restrain order by court.
It can be in absence of such order but buyer's right would be subject to final decision made in such suit pending.
If things are not so as anticipated by guess,you need to detail the facts.
Ganesh Pandey
(Querist) 04 August 2012
Dear experts,
I am sorry for missing some facts.
Its a civil litigation and is with the third party only.
Its not regarding ownership of land. The case is with brokers who had been previously engaged to sale the land but they could not and who later went on to file the case?
I hope this gives more clear picture. If I am still missing anything, do tell me.
Regards,
Ganesh
prabhakar singh
(Expert) 04 August 2012
"If I am still missing anything, do tell me."
you are still missing all the things about the civil case pending.
1.What right broker has asserted in his suit?
2.What are the reliefs sought by him in the suit?
3.what interim relief ,if any,has been granted by the court?
ajay sethi
(Expert) 04 August 2012
answer queries raised by prabhakar singh ji
Ganesh Pandey
(Querist) 04 August 2012
Dear sir,
No relief or restrain order has been granted by the court.
whatever reliefs has been sought by the broker are prima facie false. Its just that court is taking its own time in passing the order. Or maybe, as usual, the lawyer is just making excuses and delaying the case. And since we are not the locals, its difficult for us to cross check the same.
This case is based in Jharkhand.
Ganesh Pandey
(Querist) 04 August 2012
And so thats why, instead of waiting for the case to finish we are just exploring the possibilities of completing the registration process in the name of the buyer before the case ends.
prabhakar singh
(Expert) 04 August 2012
May be brokers' claim is false.
But i simply asked you to tell me what his claim is? but you failed to answer.
Then nothing except time wasting on either side.
Ganesh Pandey
(Querist) 04 August 2012
Dear sir,
He is claiming to still have got the right, as a broker, to sell the land by producing a fake agreement in the court.
I didnt intend to waste anybody's time.
And am grateful to you for showing so much interest in my query.
Thanks,
Ganesh
H.M.Patnaik
(Expert) 06 August 2012
Dear Mr. Pandey,
Mr. Prabhakar have already taken the trouble of throwing enough light on a veriety of aspect of the case.
One should understand if a question is posed on this site, Experts will try their best to answer the query not in peice meal basis but on totality.So, all Querist must keep in mind to set their query in clear manner from the outset for resolving their doubt in a meaningful way.
Now , coming back to the query, If any body has acquired a legal right to deal with an immovable property then before allowing him to do so, the parties concerned and the Registering authority shall examine the basic document which vests such on him and being satisfied take furthur steps in the matter. In case ,somebody has been able to fraudulently register any document for transfer of title of a property, it is for the court to examine the transaction with reference to the supporting documents and decide the genuineness.
AAK
(Expert) 06 August 2012
Has the owner executed registered Power of attorney for the sale of land in favour of agent?
has the owner revoked Power of Attorney it at any point of time?
M V Gupta
(Expert) 06 August 2012
It appears that u are not clear about the rights claimed by the broker. Going by the practice of appointing brokers, I guess that ur vendor engaged the broker to procure prospective buyers for the property, for which if the deal goes through him, he will be paid some commission by the Vendor. If these are the facts, then the suit will not have any bearing on the sale of the property to u.
