Title of land property.
anjani kumar
(Querist) 08 October 2011
This query is : Resolved
Dear Sir,
I need an expert advice in the civil right and interest of a land property matter which is as follows:-
I had a purchased a land and commercial constructed building from vendor P in the year 2001 with measuring area 1.65 acre in Bihar.
After a year I came to know that a person J who has filed a case against my Vendor P and obtained a decree from the civil court in the year 2002 on the basis of a registered sale deed executed in the year 1999 in which it is mentioned that my vendor P was purchased a part of land measuring 22.oo decimal on condition that my vendor P will allot a shop room at the rate of Rs.one thousand per month inside the premises of constructed building and he Vendor J has been taken in his possession the said shop room by the order of Execution munsiff in the year 2007 inside the premises.Here it is the fact that the vendor P was known the facts and so he purchased the same land of J from the original owner of the land again in his name through a registered sale deed in the year 2001.The vendor P, on the basis of new second registered sale deed 2001 who purchased from the original land owner has transfered the same land to me through registered sale deed in which there was no any condition like as Vendor J.I verified that the property was free from any litigation because in the new registered sale deed there was no any condition in deed. I possessed the land amd made a mutation from the circle office.
Now the situation is that I want to vacate the shop room from vendor J and can I do it?
Second,earlier the Vendor P has accepted the validity of registered sale deed of vendor J in the court.Can I take a legal step against the Vendor J or Vendor P?
Please help me the remedy of litigation with reference.
with regards.
ajay sethi
(Expert) 08 October 2011
1) purchase of constructed building was done in year 2001 from P
2)suit has been filed by J against P in 1999 on basis of registered sale deed
and decree passed in 2002 .
3) you want to vacate the shop from J. you cant do it as P had agreed to allot one shop inside building to J
4) your casue of action is agaoinst P as he has defrauded you and failed to mention that he had agreed to allot shop to j way back in 1999.
ajay kumar mishra
(Expert) 08 October 2011
I am agree with Mr. Sethi that your cause of action is against P and further more you may file even criminal case against P .
prabhakar singh
(Expert) 08 October 2011
1]You are a purchaser from p who can not transfer any thing or rights more than what he had in the property sold to you in 2001.
2]as the sale deed of 1999 was a registered one it would be presumed in law you knew it while buying in 2001 because by applying due diligence of inquiry you could have very well come to know about it.
3]The decree passed by court in favor of j against your vendor p in 2002 is also binding on you.
4]You can not undo the execution in court enforced by j against your vendor p.
5]If sale deed by p provides any indemnity
clause to compensate you from losses arising to you due revelation of some charge or clog on title,you can sue p alone but have no right to sue j.
