Querist :
Anonymous
(Querist) 27 January 2023
This query is : Resolved
Dear sir, I want to purchase a property in 20% of actual price from its owner. The property has following problems : 1) A person is residing in that property who is bonafide occupier as declared by court. 2) Owner cannot even enter in that property due to existing court order. 3) Owner have no liability after sale. Can I purchase the property ?
Sudhir Kumar, Advocate
(Expert) 28 January 2023
Actually you are yourself saying that you are buying the property at throwaway price. Whole se of document relating to title and dispute need to be studied and site inspection is to be made before coming to a considered view.
Advocate Bhartesh goyal
(Expert) 28 January 2023
Without going through court file and tiltle deeds ,not possible to express opinion .consult to local lawyer with relevent papers.
kavksatyanarayana
(Expert) 28 January 2023
Yes. The court order and other relevant records have to be verified and so consult a local lawyer.
Dr J C Vashista
(Expert) 29 January 2023
You have stated inter alia, that, 1. "...A person is residing in that property who is bonafide occupier as declared by court. " What is the case and how the court has declared the occupier as "bonafide" ?? Whether the occupier is tenant or trespasser (if not owner) ??
2) "Owner cannot even enter in that property due to existing court order. " Why and who has restrained the owner to enter his / her own property ?
"3) Owner have no liability after sale." Vague and confusing statement, be clear and specific qua liability of owner.
Querist :
Anonymous
(Querist) 29 January 2023
1) The owner has lent entire amount of money from the bonafide occupier during purchase of the property. Now the owner is refusing to return the money; hence after filling petition the competent civil court declare the lender as bonafide occupier of the property & the occupier cannot be disposed without due process of law.
2)Since the entire property is under court order, hence owner cannot enter into the property. Court also direct the owner for not to disturb the occupier in any way.
Sudhir Kumar, Advocate
(Expert) 29 January 2023
please be clear who lent the money to whom.
How you are connected.
Querist :
Anonymous
(Querist) 30 January 2023
Bofide occupier lent money to owner of the property.
kavksatyanarayana
(Expert) 30 January 2023
Follow court order..................................................................................
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