My friend suffering for no fault of his
Krishnan
(Querist) 15 March 2016
This query is : Resolved
Dear sir/madam,
My friend purchased a plot of land (30x40) in Bangalore, which is very near to my house. He purchased the land from one Mr.Naidu. Mr.Naidu purchased that land earlier from some body else. Land is registered in my friend's name and original sale deed is with him only. This happened around 6 years ago.
One year after purchase of the land, he wanted to construct a compound in the land and requested the seller Mr.Naidu to help as Mr.Naidu is a builder by profession. Then Mr.Naidu told him that there is a case on Mr.Naidu from the person who sold the land earlier to him. Because of increasing land prices in Bangalore, it seems the person who sold the land initially to Mr.Naidu, has put a case saying Mr.Naidu cheated him, this that and all.
Now for Mr.Naidu, he has already sold the land to my friend and got the money. My friend who purchased the land is now in trouble for no fault of his, as he is not even able to construct a compound. This case has been going on for last 5 years and every time we ask Mr.Naidu what happened, he says case is going on, it
will take 3 months more like that.
Could you kindly guide us a way out of this problem.
Thanks,
Krishnan.
Adv. Yogen Kakade
(Expert) 16 March 2016
At this situation it is the court to decide about the earlier transaction. But as the current seller has sold the plot to you even after knowing the fact that the title to the property is not clear, it clearly indicates he has done this transaction with you with cheating intention. You can certainly file a case against him. and don't leave the possession of the plot till the case is pending.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
basavaraj shiromani
(Expert) 16 March 2016
which case Mr Naidu filed is important. whether specific performance or cancellation of sale deed etc. suppose earlier transaction if it was a sale deed, then the name of purchaser name might have been entered in property register.
whether is there any preventive orders from the court verify. if there is such order, then without asking anybody your friend can construct his compound wall with permission from the corporation .
Rajendra K Goyal
(Expert) 16 March 2016
Discuss with local lawyer after showing him all papers.
Dr J C Vashista
(Expert) 18 March 2016
What is the case going on against Naidu by his seller?
Whether your friend was informed about any such litigation pending at the time of finalisation of transaction and registeration of sale deed?
Whether the seller (Naidu)had agreed to compensate your friend, if there is (at that point of time)any encumberance on the plot (land)?
Whether your friend has filed any case against the seller(Naidu), if so, what for? and
What is the opinion of your lawyer?
I fully agree with Mr. Sudhir Kumar, an expert on the subject matter, there are insuffiencient data to form an opinion and advise.
Consult a local lawyer with all documents.
