Ndps act forfeiture of property
krishna bhagavat
(Querist) 06 October 2011
This query is : Resolved
A purchases property from a company in 2007 in good faith and valid consideration. now in 2011 the competent authority sends notice to handover possession stating that the property has been forfeited in the year 1999from the company. there is no records in the office of sub registrar, thasildar etc with regard to this. they have not taken possession in 1999 . how can we get the property released.are there any case laws. kindly help
ajay sethi
(Expert) 06 October 2011
the property must have been attached? was intimation given to society where property is situated in year 1999?
how was transfer done when prpoerty was under attachment?
your cause of action is against the company who sold you property . there must be an indemnity clause in agreement with company
krishna bhagavat
(Querist) 06 October 2011
sir is there a way to get it released from the competent authority. the claim by the competent authority is they have intimated. can we question the inaction for 17 years. and claim relief with adverse possession.
ajay sethi
(Expert) 06 October 2011
was the property attached ? if you inspite of knowledge of attachment have purchased the property you are not a bonafide purchaser .
disposal of suits take time . long delay is no ground to purchase an attached property .
you purchased it at your own risk knowing about the attachment .
krishna bhagavat
(Querist) 06 October 2011
no sir we did not know about such an attachment till the date of notice.
ajay sethi
(Expert) 06 October 2011
please be clear about your facts . you ahve stated that competent authority has intimated . how was intimation done . when i aksed you earlier was property attached you mentioned competent authority has intimated .
if the society was aware that flat was in dispute ho was transfer done by society?
you remedy is to file suit against seller for refund of money paid .
krishna bhagavat
(Querist) 06 October 2011
it is a vacant land under our posession from date of purchase, we have been paying all land tax, water tax etc. the competent authority has sent notice 2 weeks back asking us to handover possession but have not given any further details of the case when contacted.getting money from seller is not possible. only option is to represent to the CA
R.RAJENDRAN
(Expert) 07 October 2011
Suit may be filed to get the refund of the amount paid by you as consideration.
Who furnished the encumbrance certificate to you at the time of purchase of the property?
krishna bhagavat
(Querist) 08 October 2011
we had applied for the EC, as a ordinary case we have verified all documents, ec, but there was nothing to give us notice of such attachement. can we get relief as bonafide purchaser in good faith
soumitra basu
(Expert) 23 October 2011
If the transferror had no valid title on the date of sale, in that case the transferree shall also have no good title by purchasing the same.
However, under RTI Act you can ask the detail information from the competent authority and plan your step accordingly.
