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Clarification on rights of third owner of the house over the property
20-Mar-2023 (In Civil Law)
I purchased a house in the year 2009 and I am a 3rd owner of the house.. Suddenly in year 2016 a person comes with a district court eviction petition claiming to be a decree holder as the 1st owner owed him some money. How? Is the law blind? How the sub registrar can register the documents on the decree holders name? Subsequently last year the sub registrar was caught by ACB for corruption. I appealed in the district court and my appeal was dismissed within a year now What shall i do? What are the legal obligation to stop him
Hi
Sub Registrar is master of land records and unless and until there is an express order restraining the first owner from selling the property and the copy of such order is passed in writing by court to sub-registrar, the sub-registrar is duty bound to register all such transactions between buyer and seller.
it appears that the first owner sold the property knowing that he was facing legal action by the decree holder.
But law is on your side , given the following
a) You are a genuine buyer and
b) you had purchased the property way back in 2009 from another buyer and
c) you are in possession of the property since 2009.
You should first get a stay granted by the appellate court on the eviction petition and then contest the eviction.
As per law, the decree holder has no locus standi to proceed against you .
But however in order to protect your home, you will need to contest the case in lines stated above.
Sub Registrar is master of land records and unless and until there is an express order restraining the first owner from selling the property and the copy of such order is passed in writing by court to sub-registrar, the sub-registrar is duty bound to register all such transactions between buyer and seller.
it appears that the first owner sold the property knowing that he was facing legal action by the decree holder.
But law is on your side , given the following
a) You are a genuine buyer and
b) you had purchased the property way back in 2009 from another buyer and
c) you are in possession of the property since 2009.
You should first get a stay granted by the appellate court on the eviction petition and then contest the eviction.
As per law, the decree holder has no locus standi to proceed against you .
But however in order to protect your home, you will need to contest the case in lines stated above.
Helpful?
Adv. Rajagopalan
Hyderabad | 500+ Answers
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