It is necessary to peruse stay order passed by court to advice
if stay order does not pertain to your survey number you have nothing to fear
3) there must be indemnity clause in your sale deed to indemnify you in event of third party claims
I have already bought a house from a society which has got the layout with govt
Hi, I have bought a house 2 years back in Bangaluru south. It's a society layout . Society got this land from the govt through(After land aquisition). I purchased this built house from direct allottee from the society. When I was checking last week on the survey number of land in RTC in column 11,it's mentioned that court stay as per the order RSA24/2020. Do I need to do anything here as I have not received any Notice?As land is acquired by govt, I need not to worry anything about it as it's not specific to my house? Its only to the survey number In such cases, if high court verdict is towards land owner in future, what could be the court action? Do I need to give my house to land owner? Or Do I need to give compensation to land lord? Or only govt or society have to take care of providing compensation to land lord?
Asked 5 months ago in Property Law
Religion: Hindu
10 Answers
Hi sir, thanks for your answer. As per my understanding, once land is acquired from the government and hand over the land to the society and is alloted to the allottee, purchaser need not to worry about the stay order mention in column 11 of RTC for the specific survey number. Please note that my house comes in the same survey number where stay order mentioned in RTC.
Asked 5 months ago
It is necessary to peruse stay or get passed by court to advice
you can seek necessary clarification from society
In RTC it's mentioned as stay order as I have mentioned above and I am planning to buy one more plot in the same survey number, as long as indemnity cause in the sale deed to identify me in case of third party claims from the seller, can I legally register the plot in my name in Sub-regisrtar office?
Asked 5 months ago
If any stay order has been passed restraining sale of property you cannot register plot in your name
Have you seen the stay order or at least have shown it to a lawyer in the local and clarified ther details about the impugned stay order?
You can get the order copy through any advocate and take the opinion from the same advocate on further issues after which you can decide about further action throough your vendor.
You are a subsequent purchaser hence there is no necessity to send notice to you.
This is a second appeal pending or disposed by high court
If the aggrieved party has filed a suit against the government over the compensation issue over land acquisition then it can be taken up by court.
However since there is a society already functioning you may even approach the society to get some information in this regard and then plan to escalate the matter through legal sources.
Why do you want to undertake one more risk before clearing the impediment observed now over the already purchased property.
It is up to you.
The indemnity clauses are not very effective and the seller will vanish once he sold the proeprty therefore it will not be possible for you to hold the vendor responsible for any litigation subsequently
Thanks sir for your detailed information. I will try to get stay order copy and see what it says. Last month I heard that High court has given the Verdict where in it has clearly mentioned that there is no issue in Land Aquisition procedure from the government and compensation has been given to the land owner. May be I can co-relate that land owner would have got this stay order 2-3 years back as case was running in high court. Now he is saying that he will approach supreme court against the verdict of High court. I am really not sure if I need to wait till it's clear from Supreme court before I buy another plot in the same survey number. I will check with lawyer after getting stay order copy.
Asked 5 months ago
You may not hurry to buy another plot when the disputes are visible.
First you get a copy of the order of the disposal of the Regular second appeal case and if it was against the landlord, then as one of the plot owner you can also file a caveat petition before supreme court so that he cannot get a an exparte stay order from supreme court without giving notice to the caveat petitioner.
Check with lawyer and obtain copy of stay order
Dear Client,
Unless the stay order clearly names specific plots or dwellings, your home may not be immediately affected if it is limited to the survey number. That being said, there may be unintended consequences for future ownership clarity and real estate transactions if the entire survey number is placed under hold. The government's seizure of land and its subsequent distribution to society are made more legitimate by a recent High Court decision that upholds the land acquisition procedure and the landowner's compensation. The High Court's ruling is upheld unless the landowner takes legal action, which could result in more legal scrutiny. An indemnity clause in the selling deed can shield you from lawsuits from other parties. This gives you some legal protection by committing the seller to pay for any loss or harm brought on by third parties. Even though the indemnity clause provides protection, it is wise to hold off until the stay order is resolved, particularly if the dispute goes all the way to the Supreme Court. By doing this, you can be sure that you won't run into any financial or legal problems. Getting a copy of the RSA24/2020 stay order is essential, as you correctly pointed out. The purpose and extent of the stay will become clearer as a result. Keep in constant contact with a property attorney to stay informed about the case's progress and legal status. Should you require any further clarification, please do not hesitate to contact us.
Dear sir
You may apply detailed certified copies of ordersheet and orders passed in RSA24/2020 and contact me or at my office for detailed consultation if any required..
Thank you. Warm regards
- Adv Harshita Shah
