Transaction of a land
Querist :
Anonymous
(Querist) 20 February 2023
This query is : Resolved
Hi,
I am looking to purchase a flat in apartment that has been built on 3 plots.
Background:
1. The 4 plots were bought in the year 1988.
The 4 plots has been involved in land grabbing issue in 2015 and were sold to someone using fake PoA.
2. In 2021, the real owners of the plot filed a case and settled in terms of a compromise memo with the defendants. The same has been recorded in the District Munsif court.
3. As part of compromise a plot was provided to the defendants. The fake documents like PoA and sale deed (registered during land grabbing 2015) has been declared as Null and Void by the District Munsif Court.
4. For the remaining 3 plots, the real owners has given GPA to a builder to build the apartment. It's a 5 storey apartment and around 10 registrations for the flats have been completed.
- My question is, can there be in future any issues, where the defendants claim for the plots?
- The builder has a good reputation in the area and says all the issues were already resolved.
-
Could the defendants cause any issues in the future? Is it safe to proceed with the buying of flat?
I consulted a lawyer and he says, since the compromise has been made, the defendants cannot claim anything in future. He says any 3rd party can claim, however that will not have any significance. So I can proceed with buying the apartment.
Please let me know your insights.
kavksatyanarayana
(Expert) 20 February 2023
The case was disposed of, the builder constructed the apartment, and 10 registrations were registered. So you can proceed to buy a flat. Obtain all the previous documents(link documents), court compromise order, and other orders of court if any. Show all the papers to a prudent lawyer and proceed. all the best.
Dr J C Vashista
(Expert) 21 February 2023
Contact and consult a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
T. Kalaiselvan, Advocate
(Expert) 25 August 2023
There was a compromise settlement decree and judgment passed by the court on the terms of the understanding and conditions between the disputing parties.
The compromise decree cannot be appealed against, hence it is final.
The defendants cannot reopen or contest the same in future for any reason.
Besides, the land owner has already entered into a JDA and registered GPA with the builder and the builder has sold 10 such flats by a registered sale deed, hence there should not be any problem in this regard now or in future.
Whatever, nothing prevents you from obtaining a proper legal opinion from an expert lawyer in the local and proceed only if recommended.
