• Land dispute

Sir i want to purchase dispute land. Owner has all records on his fathers name in mro office. Someone has asked him not to stepdin. Owner is innocent. Third person not related to this land. What precautions and legal steps to be taken. Please give me advice.
Asked 3 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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9 Answers

If seller has original documents of title you can purchase property 

 

2) no need to bow to pressure tactics 

Ajay Sethi
Advocate, Mumbai
97601 Answers
7901 Consultations

It should not take more than a month or so 

Ajay Sethi
Advocate, Mumbai
97601 Answers
7901 Consultations

You can purchase the property from the seller if he proves to have clear and marketable title to sell the property you intend to purchase.

In the absence of title to his name, it is not advisable to buy the property from him.

You may first obtain a legal opinion from a local lawyer and then proceed only if recommended.

T Kalaiselvan
Advocate, Vellore
87803 Answers
2365 Consultations

The permanent injunction suit is a regular case in the court.

The time take for its disposal cannot be predicted owing to various factors involved in it.

You may better discuss with an advocate in the local and proceed.

 

T Kalaiselvan
Advocate, Vellore
87803 Answers
2365 Consultations

Dear Sir,

1. It is best to wait for an order from the Court, regarding the disputed land, because disputed lands have their own drawbacks and shortcomings.

2. To safeguard yourself from buying into a title dispute, you should take the following precautions:

  • You should demand the seller of the property to present all relevant documents of ownership, such as registered agreements, stamp duty payment slips, document of inheritance etc.
  • If the current occupant has inherited the land, then you must check the will/testament or probate in favour of the inheritor.
  • You should check all the papers of the bank in case the land was mortgaged to check whether there are any pending loan payments or outstanding lien.

Thank you

Anik Miu
Advocate, Bangalore
10420 Answers
121 Consultations

- If the property is in the name of father , then another person can sell the same to anyone without his consent. 

- Further , if his father already died then this property would be devolved upon all the legal heirs , and without taking the consent from other legal heirs , he cannot sell the property and if sell then it will be invalid. 

- If presently no objection from other legal heirs without any release documents  then in future they can claim their share in the property , and you sale deed will be invalid. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

If the land teuly belongs to him then you may purchase it. But be beware of the encroachment.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

File a civil suit and if there is an ongoing case then take a stay order. Engage a lawyer and file an injunction against the person who claims to be the owner.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1. Engage a local lawyer and conduct due diligence through him to ensure that title of property is free and marketable.

2. What you need permanent injunction for?

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

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