Yes final document needed it should be certified copies
Do I need court decision document?
I am planning to purchase 3 side by side plots (I, II & III). Let's call owners A, B & C of I, II & III respectively. All of these are agricultural lands where B sold I to other party who sold again to the current sellers (i.e., A). C is the brother of B's father (who passed away long ago). Due to property related issue C filed case on current and previous owners of I (i.e., A & B). As I wanted to buy these 3 plots, I clearly stated to A, B & C that I would only purchase if the plots be free of any issues. Then they settled their issues outside the court and compromised. Following to this they appealed for lok adalat for case closure. Since then in "dcourts.gov.in" it shows "Uncontested - DISMISSED AS NOT PRESSED: As per the orders of IA No. of 2025 the above suit is advanced to this day i.e, [deleted]. The plaintiff and his counsel called present and filed a memo stating the plaintiff and defendants have settled their disputes out of the court and further stating that on the advise of elders and well wishers plaintiff is not intending to proceed with the suit memo is recorded. Hence, the above suit is dismissed as not pressed." I told them that I need to get the final document (or order copy) before I get the land registered. Meanwhile they converted it to NALA. As time comes to get it registered on my name, they say the order copy is still not received while C's passbook is still with magistrate. I am not sure why magistrate didn't hand over the order copy given the case is already disposed. In this regard I would like to get legal opinion whether I can still go for registration asking them to hand over the order copy to me once they receive it or should I wait until I have it my hand? Thank you
Asked 1 month ago in Property Law
Religion: Hindu
14 Answers
- You can file an application for copy of order directly by filing a petition through your Advocate under Rule 118 or CRP and obtain a copy expeditiously.
- Without filing any such you can inspect the file seeking permission from the Court by filing an application under Rule 117 and ascertain what exactly is the You can do this directly by filing affidavit stating the facts that you intend to purchase the land and therefore you want to assure yourself.
There is solution for every problem in law.
Wait till you receive certified copy of court order
It is not advisable to hurry to purchase the property without having the certified copy of court order in this regard.
The sellers may tell plenty of stories to convince the buyer but better exercise caution and patience before making any payment or venturing into the proposed purchase.
- Since, there was a case filed by the C , then you should take order copy before purchasing the property
- Further , you can also enquire from the Court , where this case was pending .
Hi,
"Uncontested - DISMISSED AS NOT PRESSED", is different from Lok Adalat Award of Compromise.
If compromise is not recorded in Lok Adalat, there might be a chance to raise a fresh set of litigation.
My suggestion is to wait till you get the Order Copy and after carefully reading at the contents of the Order Copy, then only you take a decision on how to move on.
Thank You.
It is advisable to wait until you receive the certified order copy before proceeding with the land registration. Here’s why:
Legal Considerations:
-
Finality of Case Disposal
- The case has been dismissed as "Not Pressed," which means it was withdrawn by the plaintiff (C).
- However, without a certified copy of the order, you cannot conclusively verify that no further legal proceedings remain or that there are no hidden clauses.
-
Possession of Land Records
- C’s passbook is still with the magistrate, which suggests some procedural formalities are pending.
- The passbook typically contains ownership details, and its retention could indicate that the revenue records are not yet updated post-settlement.
-
Potential Legal Risks
- Until you have the final order copy, you have no legal assurance that the dispute is truly resolved.
- If there is an appeal window, C or another party could challenge the dismissal or file a fresh suit.
- Without a written legal record, you risk facing future ownership disputes.
-
Registration and NALA Conversion
- While NALA conversion is a positive step (indicating non-agricultural status), it does not remove legal disputes.
- Registration without a clear title (i.e., an undisputed order copy) might invite future litigation, making resale or development difficult.
Recommended Course of Action:
✅ Wait for the Certified Order Copy before proceeding.
✅ Verify that the case has been fully dismissed without any conditions.
✅ Ensure revenue records (ROR/Passbook) reflect undisputed ownership before registration.
✅ Get a legal opinion on the order copy once received, to confirm no hidden liabilities.
Final Advice:
Proceeding with registration without an official order copy could expose you to legal risks. Insist on obtaining it firstbefore making any financial or ownership commitments.
Dear Client,
Need for court order copy the agenda is that since the whole thing is settled outside the court and the matter is dismissed as not pressed, it is imperative to obtain the certified copy of the order, which is proof of the closure of the case in a legal manner and would prevent any claim arising in respect of the same dispute at a future date. Legal risk of proceeding without the order-copy the absence of the certified copy of the order precludes any formal affirmation by legal records regarding the case closure. The continued possession of C's passbook by the magistrate indicates that some formalities may need to be completed yet.
Proceeding without this document may place a risk if the matter creeps back legally in the future advised way forward. One is advised to wait till you receive a certified court order and upon receipt, ask the sellers to obtain the order and present it before they finish registering. If they refuse to comply, you can insist on a written undertaking from them stating that they will hand over to you a certified copy for the order as soon as they receive it final note of course, to make your title clear and undisputed, the best course of action is to wait until the certified court order has been received. This will avail you security of ownership and protect you against the emergence of claims against you concerning your ownership.
Thank you all for very helpful opinions and suggestions. They agreed to hand over the final document. But A&B are saying that due to NALA conversion then registration on my name would need them to pay 1.25 lacs as tax due to increased sale value of the land. They ultimately want me to compensate this amount as this will be an additional burden. But I followed this process because (1) this land had legal issues before but although it’s clear, NALA conversion would make it more legible as the final registration document would include the map and the boundaries as there’s loss of land previously. (2) There’s no obligation at the time of NALA conversion but only at the time of registration on my name. In this regard am I obligated to pay 1.25 lacs to A&B in addition to the sale price? What steps should I take?
Asked 1 month ago
Pay the 1.25 lakhs to A and B and settle the dispute
Not obligated in above case you are yourself consenting to pay. Once you consent you get bound
There is no necessity to oblige or agree to the condition imposed
You may insist on registration of property without including this, because this was not informed you earlier
Based on the details provided, you are not automatically obligated to pay the additional 1.25 lacs unless your sale agreement explicitly states that you must cover any extra tax liabilities arising from the NALA conversion. The increased stamp duty or tax is a consequence of the land's changed status, but the responsibility for bearing that cost should be clearly agreed upon by both parties.
- Better take help of a local lawyer for the said work