Query on plot sale
Raghavendra
(Querist) 26 December 2012
This query is : Resolved
Sir/Madam,
I purchased a plot in a layout in Bangalore's Bannerghatta road area in May 2010. The layout has been developed on DC converted land. The documents were verified by advocates of a leading bank and the purchase was financed by them. I have the property registered and Khatha transferred to my name and have been paying taxes regularly.
During the formation of layout, the developer entered into a full consideration agreement of sale and also had taken a full general power of attorney from the land owner and the same has been registered. RTC shows that the land was in the name of the person who has executed the GPA. Based on this GPA,plots were developed and registered to various people during 1994. I purchased my plot from one such person.
During Nov 2004, the erstwhile land owner issued a legal notice to the developer, claiming that the GPA executed earlier has been cancelled in 1998. With this he was asking to return the possession of the land. Also, allegedly upon the instigation by the erstwhile land owner, his kin has filed a partition suit seeking 2/3 share on the land. The court has issued an ad interim temporary injunction order in Dec 2004 to stop further alienation of the land from the erstwhile land owner, where as all of that land had been converted into plots and have been sold and registered already. I was unaware of this case at the time of purchasing the plot.
When plot owners contacted the developer, it was told that the plot owners will not be affected by this partition suit. Further, the developer has pleaded as a defendant in the case based on the registered GPA and sale agreement he had. A lawyer has been appointed by the developer to fight the case and it is going on for close to 8 years now. So far, none of the plot owners have received any notice from any legal authority.
My questions are:
1. Is my plot purchase and registration legally acceptable as during the time of purchase the court had already issued a temporary injunction order?
2. Are there any restrictions on the plot owners with regards to selling or constructing on the allotted plots?
3. In case of a sale, is the seller at any risk of of any legal complications?
Im in a really disturbed state of mind after coming to know about these issues. Please help.
c n vittal rao
(Expert) 15 January 2013
Q1 there is an in consistency in your recital and your query you say in your recital all sales were alray completed in your query you say trmporary injucntion is in force. your titlewill hinge ultimately on the GPA being valid or not at the time of sale. Q2if the question of title is resolved no. but that is a pre condition.Q3 the seller is at risk of having to restore status quo ante if his title fails
Raghavendra
(Querist) 15 January 2013
I apologise if my query was not clear. Hope the below points might bring some clarity.
1. The injunction order has been issued in the year 2005 against erstwhile land owner to prevent further alienation of the land, where as till that was done, that entite land was already converted into plots and sold. The GPA was made in the year 1994 and now it is claimed to have been cancelled in the year 1998. The first sale took place before the GPA was cancelled, that is in 1995.
2. I have not received any legal notice from anyone so far to not to sell the property.
