Property cheating
ROJA shree
(Querist) 19 August 2012
This query is : Resolved
the innocent buyer got the property registered (after checking encumbrance )from the actual owner in jan 2008. But now another persons, came and said the buyer that, they had already given advance for the same property to that actual owner, and within giving the remaining payment the actual owner sold it. those persons also saying that they obtained order fron the court and demanding the property now.
what is the remedy for the buyer now ? after checking the encumbrance only he bought the property?if so why, did the litigation did not come in the encumbrance? pls advice the legal steps. thanking you in advance..
Adv.R.P.Chugh
(Expert) 19 August 2012
If the subsequent purchaser has brought the property without knowing the earlier transfer and after exercising due diligence (apparent from the Encumbrance Certificate), there is nothing to worry, the persons who have advanced money on the property - have, if they have not already got a stay (injunction), can claim only against the seller and not the subsequent purchasers. Having got the property via registered sale deed it is clear that there was no lis pendens notice with the registrar too.
*This opinion is tentative and subject to thread bare examination of the entire series of facts.
prabhakar singh
(Expert) 19 August 2012
Right if subsequent buyer had no notice of agreement to sale with present claimants and no suit of specific performance was pending at the time of purchase by subsequent buyer then right of subsequent buyer is safe against seller as well as against present claimants .
Dr J C Vashista
(Expert) 20 August 2012
The subsequent buyer can file a complaint/ case of cheating and fraud committed by seller.
ROJA shree
(Querist) 02 October 2012
Sir/Madam,
am residing in Coimbatore any my ancestral prperty is situaued in Trivandrum.One of my sister who resides in Mumbai wants to give me General power of Attorney for conducting property case in trivandrum
So do I need to go to Mumbai for getting registered the pwer document there?
pls mention the rules and fee of Maharashtra Govt...
THanking you in advance...
