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pallav   28 March 2025

Os filed on my plot

I purchased a plot in Bengaluru in October last year and possess all the necessary legal documents, including the title deed, sale deed, the Encumbrance Certificate (EC) from 2004 to date, and the newly implemented E-Katha in my name. When I began construction, a person named Kariyappa approached me and informed me that he had filed an Original Suit (OS) on the plot, advising me not to proceed with construction until the case was resolved. I later learned that Kariyappa was one of the landlords of the land and provided me with the OS number.

According to the legal documents, in 2003, Munishamappa, Thimarayappa, Muniyappa, and Kariyappa—all sons of Late Thimmaiah residing in Bengaluru—nominated and appointed developer Srinivas as their true and lawful attorney through a General Power of Attorney (GPA). Srinivas was authorized to undertake all necessary actions to develop their 2 acres and 12 guntas of land located in Survey No. 104/1A. Acting on behalf of the original landlords, Srinivas sold the plot to a person named Nagesh in 2004, as reflected in the EC, which includes the names of all the landlords and the GPA holder.

In 2007, Nagesh sold the plot to Murali, who remained its absolute owner until 2024, as documented in the deeds, EC, and Katha. During this time, Murali also mortgaged the plot to a bank to secure a loan, which is clearly recorded in the EC. I purchased the plot from Murali last year after conducting thorough checks. lawyer found no cases filed on the property in the past 21 years and even I obtained a loan for construction purposes. However, Kariyappa claims he filed an OS case on the property in 2015, which neither my lawyer nor the bank officials identified during their checks.
On what ground he can put OS??? In EC everthing looks clear from 2003 to till date.

please guide me how can i proceed further.



 6 Replies

Law Student   28 March 2025

The EC may not reveal everything. EC may not show OS cases. 

pallav   28 March 2025

Yes got to know. if there is any stay then only it reflects.

kavksatyanarayana (subregistrar/supdt.(retired))     28 March 2025

All the material regarding the property should be verified to form an opinion.  Consult a local advocate with material for guidance.

1 Like

T. Kalaiselvan, Advocate (Advocate)     28 March 2025

Without knowing what cas has been filed by the party claiming to have filed a suit, no opinion can be rendered.

However, since there is no stay order or restrictions from court agaist the construction of the  house in the plot purchase by you, you may proceed with the proposed construction alternately you can approach a local lawyer and get yourself impleaded as necessary party to the ongoing suit and look for remedy through court.

1 Like

Dr. J C Vashista (Advocate )     29 March 2025

If there is some truth consult a local lawyer. 

Law Student   29 March 2025

Since he gave you the OS number and other details of the Court case, first check on ECOURTS to verify the case. Then, go to the Court, and enquire there about the Court case. You can also ask Kariyappa himself to provide as much information as possible and some papers filed in the Court. 

If a Court case is going on, it is not advisable to do anything on the property. Depending on the nature of the Court case and its details, all transactions on the property may be hit by the doctrine of LIS PENDENS. 

Section 52 of the Transfer of Property Act deals with the doctrine of lis pendens. It means that if a Court case is pending on a property, any transaction on the property is subject to the outcome of the Court case. The rights of the parties of the Court case prevail over the rights of other people like you, even if you purchase the property through a registered sale deed. Let us say if the seller who sold the property to you loses the Court case, it is likely that you will be adversely affected. You may lose your rights over the property even if you purchased it by a registered sale deed. Then the only option you have would be to file a case against your seller and try to recover the money from him. 

In order to avoid these problems in future, you first try to gather as much information as possible through Kariyappa and also independently. If it is clear that the property you purchased is the subject matter of dispute in the Court case, it is time for you to take steps. You must consider filing a Court case right now that the seller sold the property to you by suppressing the Court case. You may try to recover your money from the seller right now. 


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