Hello Experts,
In the year 2003, i have purchased a flat in chennai through a builder, the builder has a got a power of attorney for selling the land which was purchased from one mr kuppuswamy. i purchased the loan through a nationalised bank. the legal adviser of the bank stated that the land is free of encumbrance and have clear marketable title. but recently we came to know the land owner mr kuppuswamy owes some Rs. 10,00,000/- to a company "X". and mr kuppuswamy didn't paid the money back to the company. this was happened in the year 1997.
The company has approched hight court of chennai and got an injunction in the year 1999. the court ruled in favour of the company and ordered mr kuppuswamy to repay the amount with interest.. but till date he has not cleared the amount and case is moving from one court to other. one of the courts in the year attached the properties of Mr kuppuswamy to Company "X". unfortunately the flat which was purchased from my builder was also attached.
my question is the land which was purchased from Mr kuppuswamy was having clear marketable title. how come the court has attached the property which free of encumbrance.
Please advice me with your legal opinion to clear this hurdle.
