Property in Bangalore - On International Airport
Querist :
Anonymous
(Querist) 27 June 2011
This query is : Resolved
Hi, Our person has property which is Mortgaged in 1994 and because of the NBFC Dispute, the case & all orginal documents are in court since 1995 till date. Still all original papers are in Court & NBFC dispute is running in Bangalore court. But this property got sold by person "A" to Person "B" in 2006 and to person C in 2007. It is Valid?? Whether registrations holds good?? Pls advise. Thanks.
R.Ramachandran
(Expert) 28 June 2011
Whether it is house property or land? In the case of house, who was having possession?
If it is land property, after coming to know of such a sale in 2006 and 2007 what action did you take?
Bovan Cherian Varkey
(Expert) 30 June 2011
Dear Sir,
From the brief, I understand that all the original documents are with the court. Therefore can Mr. A sell the property? But since the property is in Bangalore this would have happened as lot of these kind of transaction has been take place in Bangalore on the basis of fake documents.
Strictly speaking under Law, all the subsequent purchasers will be step into the shoes in party array of the original suit.
Querist :
Anonymous
(Querist) 14 August 2011
Dear Sir Mr. Ramachandran and Mr.Cerian,
Thanks lot for your valuable suggestions. I am giving you the gist of the case below: Might be interesting to know. Pls could you advise based on this gist (Prepared by my Attorney)whether the property can be retained by our client. Thanks in advance.
The Gist of the Case:
1. Original Sale Deed was executed on 28-08-85.
2. A Bangalore based private Limited company had taken Mortgage Loan from a Non Banking Finance corporation (NBFC) in 1994. One of the Directors had pledged his personal property for this mortgage loan.
3. NBFC filed a case in Bangalore in 1995 and has prayed the H’nble court to get the Principle as well as Interest by selling this property. The matter is pending in the court since then till date. All the original documents of the property were submitted by the NBFC to the H’nble court in 1995 & are there in the court till date.
4. Meanwhile, Fraudulently, this property was sold by Person “A” to Person “B” in 2004 creating a False GPA and case has been filed by owner of the property in 2005. Case mentioned in point # 3 was also informed as part of second case to the H’nble court.
5. Steps taken by the Original owner of the above said property: Letters are written to both Thahsildar and Sub-registrar in 2005 informing them the illegal Transaction happened on this property.
6. Lawyer notice was also served to “A” & “B” in 2006. Public notification was also given through Public daily news Paper.
7. Subsequently, Party B sold this property to Party “C” & second sale deed happened in 2006.
8. Party C Sold this property to Party “D” & Third Sale deed happened in 2007.
9. All A, B, C & D are impleded in the suit – Case #2. The Party D is no more now.
10. In first case, Defendant (owner of this property) will get time satisfy the Decreetal amount as per 084r2CPC.
11. RTC from 1985 till 2005 are in the name of the Client (Owner). From 2006 onwards, the RTCs are in the respective buyer’s names.
