Hi, I have an agent telling me to purchase a roadside plot with 85ft front and he has given me NOC paper done on Rs10 stamp paper giving one-person full authority to sale the plot. I don't have details about the landowner-family except aadhaar number of three family members. Another paper is West Bengal form no- 870/ High court form no(M) 55 Civit (M) 30 Criminal application for information. LA case number = 42/09-10 (NH34). I don’t know about this case and how this plot can be purchased based on this. Land is Dag Number 310, owner is Janardan chatterjee/ chattopdhyay, JL no- 48, Mouza Dakhingram, PS-Nabagram , Murshidabad, West Bengal. From Banglarbhumi web application,Dag no 310 indicates that it is also "borga". When I spoke to the Agent,he says actual holder of "borga" is passed away and he will manage to clear the borga status by speaking to the Son of the actual borga holder. Is this possible to clear the "borga" status? I have paid advance and now confused as the same Dag no-310 has two other owners. Measuring the actual available plot is impossible without seeing the other document from other two owner. What should I ask the agent to provide me for full verification of the said property and how to make it legal purchase?
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- As per law, without Registration a seller has no legal right over the property even he has all the other documents , and cannot sell it to anyone under the Transfer of Property Rights Act.
- Further, any NOC issued by the seller having no legal value in the eye of law , and if you will purchase then this property can be claimed by other.
- You must ask for the ownership paper of the seller.
https://drive.google.com/file/d/1ZKSe7SzXxB5kt2S0y6U7HyIhbTFsbMjq/view?usp=sharing Above is the document provided. Can I get the advance paid to the agent?
First legal heir has to get mutation of land in their names
2) they have to execute registered sake feed in your favour
3) agent cannot sell the land unless he has registered POA in his favour
Seek refund of advance paid as title is not clear and marketable
It appears that some fraudster is trying to falsely sell the property belonging to a different person under a false pretext that this belongs to current vendor.
What about the original document of the property?
Did you enquire that what is the land acquisition case doing in this property which he is trying to sell and how did he get the authority to sell this property to you.
There is no clear evidence towards the title to the property he is trying to sell and it is not understood that why is the other person giving NOC and what is the legal value of this NOC for the property to be sold through an agent?
The person who has lured you to buy this property is indulging into a fraudulent activity and once he has sold the property he will vanish from the scene.
The registrar will not accept to register this property in your favor if the seller is having a defective title to the property.
On the whole it is not advisable to purchase this property.
You inform the agent that you are not interested in going ahead with the proposed purchase of the property, hence ask him to cancel the deal and return the advance amount he received towards this immediately or to face legal action through police for fraud and cheating activities in this connection.
Dear client, none can have the right to sell the property of others with an NOC. There should be a POA to authorise the seller to sell the property on behalf of the owners. If the land has multiple owners then it must be mutated in their names otherwise it cannot be registered to you after buying. It seems that the person who contacted you is a fraud recover the advance money from him. If he is not returning your money then you can file a complaint on him for cheating under Sec. 420 of IPC.
- The above said documents contained one court order , and which is not sufficient for selling the property
- Yes, you can get the advance paid amount from the agent , and if not refund then you can send him a demand notice though a lawyer.
Yeh property needs to be transferred by all owners if you want to enjoy complete title. You need indemnity bond also form all
Meet a local advocate and show all the papers. No decision should be taken merey on the basis of online infrmation.
Mutation of land does not confer title on its own.
Hello,
From the document provided by you , you are requested NOT to proceed with the purchase, unless you are given mother deed. Also conduct a search in Registration office. Before you buy a property always cross checks all the documents and papers which includes mother deed, porcha, khajna etc.
You may get in touch with me to consult further.
Regards
