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Abdullah (Trainer)     25 March 2010

Buying property from under-trial in criminal case

My cousin is planning to buy a clear title property with single owner in
Hyderabad. But the owner has some criminal cases booked against him
due to which a magistrate court had ordered attachment of his property
to compel him to appear in court. But now, the owner has got an
"absolute stay" (previously interim stay) on all proceedings against
him and so the attachment has also been stayed.
The Sub-registrar has allowed registry of sale of the property. Should
my cousin go ahead with the purchase? What will happen if the owner gets
convicted once the trial has finished? Will my cousin be in trouble also?



Learning

 2 Replies

A V Vishal (Advocate)     25 March 2010

No unless there is no attachment pending you can go ahead with purchase of the property.

bhagwat patil (Property due diligence 9422773303)     28 March 2010

THE ATTACHMENT MUST BE VACATED. TAKE SPECIFIC ORDER FROM THE COURT FOR VACATING THE STAY. WE HAVE NO RIGHT TO JUDGE THE ACT OF JUDICIARY. THERE SHOLD BE CLEARCUT ORDER THAT THE STAY HEREBY STAY IS VACATAED


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