Sale by defective title holder
kiran 11111
(Querist) 22 March 2015
This query is : Resolved
My brother in Law has purchased a property from B by payment through cheque . Property was registered and stamp duty paid .
Now A has sent notice to brother in law that , part of land which my brotehr in law purchased from B belongs to him as he is B s brother . His name was recorded on revenue record but B got it deleted fraduletly .
Brother in law has paid large sum for buying property . What is option left for him ?
Kumar Doab
(Expert) 22 March 2015
‘Buyer Beware’.
It is always better to consult the lawyer before entering into agreement to purchase.
The seller would have provided latest Fard, Intkall,last sale deed etc………….and it might been stated in sale deed registered before Registering Authority that for any defect in title the seller would be responsible.
The buyer should have checked the title, encumbrance etc before purchase.
The buyer may now approach a lawyer dealing in such/property/revenue/civil matters with copy of notice and all docs on record and proceed further under advice of the lawyer.
kiran 11111
(Querist) 22 March 2015
Before purchase a paper notice was given in local paper . asvocate was consulted and had given title report .
A has sent a notice to transfer him back part of his land which his brother transferred
malipeddi jaggarao
(Expert) 23 March 2015
If the advocate was consulted before purchase he must have given the basis for his title report. If B got the name of his brother deleted fraudulently it is for the A to prove this fact. The same advocate who has given the title report can give reply to the notice sent by A. It is surprising that you are commenting that the seller has deleted his brother's name fraudulently. Are you aware of this before entering into the deal?
kiran 11111
(Querist) 23 March 2015
We did find out whetehr A has got any right in the prorperty . Beside A showed us how B has palyed a fraud . Brotehr in law was not aware of this before.
Now tell me , how can my B in law protect his property ?
Rajendra K Goyal
(Expert) 23 March 2015
If A files some suit, defend on merits.
If you are satisfied that the claim of A is genuine, try for amicable solution.
ajay sethi
(Expert) 23 March 2015
agree with Mr malidpeddi
Kumar Doab
(Expert) 23 March 2015
Agreed with Experts.
The lawyer that has examined all documents can advise you the best now.
If required you can seek opinion from a senior lawyer too.
If B has committed fraud then he/she is to be sued. If he/she agrees to compensate then ensure that it is properly documented.
kiran 11111
(Querist) 24 March 2015
But how to protect property?
Are there high court or supreme court previous judgments ?
T. Kalaiselvan, Advocate
(Expert) 26 March 2015
The judgements of high court and supreme court will not protect the property.If A files a suit, you have to defend based on the documentary evidences you possess. You may pressurise the vendor in this regard. You may follow the suggestions made by experts above.
