Afraid to get registry of the land
Sahil Vatsa
(Querist) 13 November 2014
This query is : Resolved
I wish to get a Land (1050 Sqr Feet) in Patna (Bihar) and recently I got court agreement also. The Owner of the land lives in Delhi with his family and that's his ancestral property and so his elder brother has position on his land right now.
When his elder brother came to know about 'Court Agreement', he wrote on Land's Wall that 'An title suit is going on this land'. I contacted with his elder brother, he told, he lodged a title suit on his brother for that land and so I can't buy that now, but he refused to tell me the reason of the suit. I informed the Owner of the land also as he lives in Delhi but he says, he has not received any notice regarding the suit. I contacted with my lawyer, he queried in the court if any case/suit has been lodged but there is no suit. Now the land owner is ready to register the land but I am a bit afraid in case there is any suit on land. Please sugget me what should I do now?
Advocate Ravinder
(Expert) 13 November 2014
When you owner said that he had not received any court notice and your lawyer told that there is case pending on such property, it is deemed that his elder brother is bluffing. As you are saying that it is ancestral property, your owner has only limited right in the property. Check up how many sibblings are there to your owner. After that make a paper publication in any two prominent newapapers one in English and another in local language saying that you are prposing to purchase that property and inviting objections from anybody who are having objections. depending upon the result we can decide whether to purchase that property or not. For further clarifications contact me 7893011777 or ravinder2345@gmail.com.
Rajendra K Goyal
(Expert) 14 November 2014
Your lawyer says that no case is pending. In such case you can proceed with after inserting ad in news papers.
However the seller can sell only upto his share and not more than that. You have to get the share calculated.
You may have to face long litigation from brother for taking possession.
ajay sethi
(Expert) 14 November 2014
dont purchase land without obtaining title clearance certificate from local lawyer that title is clear and marketable and free from encumberances
Sahil Vatsa
(Querist) 14 November 2014
Thank you so much Ravinder sir and Rajendra sir for you kind advise. The land owner are three brothers, two of them shifted to delhi and now only their eldest brother is living here. The eldest brother purchased his middle brother's share in 2008 and he did not inform it to his youngest brother. Now the youngest brother (land owner) is selling only his share, which I have also checked up in Tehsil/Block office and court also. The land is not a plot but there is a shed on the land of bricks and alvestor (Chadra/tin) and it's locked and in possession of his elder brother. The eldest brother wants to purchase his youngest brother's land but the youngest brother does not wish to sell him due to lots of cheats with him by his eldest brother. And so the youngest brother (the land owner) wanted to sell me his share and done an agreement. Now the youngest brother is willing to register his share in court. Should I go ahead?
Anirudh
(Expert) 14 November 2014
Whether you have already made any payment to the person/owner who is in Delhi? How much? How much balance you have to pay for the land?
Sahil Vatsa
(Querist) 14 November 2014
Thanks Ajay sir but as of now there is no such title/suit has been lodged on the land. I have inquired twice in court if there is any title suit on the land. May be, the eldest brother has wrote that words on wall to make me afraid as he, himself, wants to purchase.
Sahil Vatsa
(Querist) 14 November 2014
@Anirudh sir, we have got a court agreement and I have paid 20% of the entire payment (cost, decided between)
Anirudh
(Expert) 14 November 2014
What do you mean by Court Agreement? I which court? Why such agreement happened?
Unless you give complete particulars and background, you cannot get proper answer.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
You were properly advised to take a proper legal opinion from a lawyer about the marketable title to the property by the vendor, why are shying away from it? to be safe, obtain an opinion and proceed.
Guest
(Expert) 10 December 2014
Well Advised
Anirudh
(Expert) 10 December 2014
SHAME ON THIS FELLOW TO ATTEND THIS OLD QUERY.
HE IS TRYING ALL THESE GIMMICS TO HIDE HIS FALSE AND FRADULENT PROFILE.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
