Lis pendens
Ashish Deshpande
(Querist) 08 April 2013
This query is : Resolved
Dear Sir,
We have bought a agriculture land which for which the transactions are as follows:
1)Issar pavti with third party by seller on 30/06/2004
2)Registered Agreement for sale by same seller and same property with us(Without knowing about Issar Pavati)on 24/03/2005.
3) Notarized possession note in our favour on 22/09/2005.
4)Third party registered civil case against seller for specific performance of Issar pavati on 10/04/2008.We are not respondents in this case.
5)Notice in local news paper by us for title clearance on 12/11/2009.No claim of third party on this notice.
6)As no claim received on our paper notice,we executed Sales Deed on 30/11/2009 with seller.(still we were unaware about Issar Pavati)
7)Transfer of Title on Records Of right 04/12/2009 in our favor
8)Honorable court rejected of Third party claim for specific performance on 27/07/2011 and also rejected to admit us as respondent.Their claim was also treated as fraud as only Issar amount was paid to seller till the claim and there were some technical mistakes in the Issar pavati.
9)Third party raised an appeal in high court against the earlier judgement on 30/01/2012 which was admitted on 28/08/2012.We are not respondents in this appeal
10)Third party has registered a document of lis pendens on 28/08/2012 on our property and claimed to include their names in other rights in revenue records .However We are not respondents in this pendens document but it only mentions our property details.
11) we are cultivating the land from last 7 years and the possession is even with us.
We got a shock of our life after receiving the notice from local talathi about the lis pendens as we were totally unaware about this case.
Our questions are:
a)Does this lis pendens affect our title?
b)If Yes is there is an provision to fight against this in revenue court as well as High court as we were not aware of sellers earlier transactions and also third party has not made any claim on our newspaper notice nor any rights were recorded before Sales deed.
C)Is there any provision of deadlines for filing of lis pendens document and can we get any advantage of same in this case.
D)As we are the owners of the property does the claim of third party will stand in high court
C)As this is a sheer case of cheating can we file a case against seller.
ajay sethi
(Expert) 08 April 2013
you have good case on merits . the trial court has rejected claim of specific performance and held claim is fraudelent .
lis pendens has been filed to inform prospective purchasers about litigation in said property .
you cnat file cheating case against seller .
Devajyoti Barman
(Expert) 08 April 2013
1. yes if the judgment is passed against you.
2.Apply to implead yourself as a party to the suit and make your own representation.
3. Bona fide purchaser without notice is not effected by the principle of lis pendence
4.papers need to be seen for this reply.
5.yes you can but you may also be held guilty of not making due diligence..
R.K Nanda
(Expert) 08 April 2013
no more to add.
Ashish Deshpande
(Querist) 08 April 2013
Thanks for your immediate response.
"However as per States of Maharashtra by an appropriate local amendment to section 52 of the Act, by Bombay Act 4 of 1939. Section 52,Every notice of pendency of a suit or proceeding referred to in sub-section (1) shall contain the following particulars,namely:-
(a) the name and address of the owner of immoveable property or other person whose right to the immoveable property in question;"
Can we get an advantage of this clause as the lis pendens document have sellers name but does not have our names as respondents and the case is filed in Maharashtra.How ever the details of our property is mentioned.We are even not respondent in High court appeal.
Also the case in trial court was filed by third party three years after our registered agreement for sale and our sales deed was registered three years before appeal in high court and subsequent lis pendens document.
Can we have any advantage by this
Raj Kumar Makkad
(Expert) 08 April 2013
You shall not get any benefit thereto as lis pendence includes subsequent changes in ownership during the litigation even though the name of the subsequent buyers is not mentioned thereto.
Ashish Deshpande
(Querist) 08 April 2013
Unfortunately I am an party and have gathered lots of information from net but want to seek an advice from experts before taking the legal action.
Devajyoti Barman
(Expert) 12 April 2013
You better meet an advocate ad proceed as per his advice.
