rights of third party when property in dispute in court
03-Aug-2023 (In Civil Law)
X FILED SUIT FOR SPECIFIC PERFORMANCE AGAINST OWNER Y, AND NEW OWER Z. THE UN REGISTERED SALE AGREEMENT EXECUTED IN THE YEAR 1989 ON 100/-NON JUDICISAL STAMP PAPER WITHOUT WITNESS AND WITHOUT SIGNATURE OF ALL OWNERS. OWNER Y SOLD THE PROPERTY TO Z IN THE YEAR 1996 UNDER REGISTERED SALE DEED. Z DOES NOT KNOW ANYTHING ABOUT THE SAID SALE AGREEMENT. X FILED SUIT AGAINST Y AND MADE PARTY Z TO THE SUIT IN THE YEAR 2000. Y DENIED THE CONTENT OF THE SALE AGREEMENT WITH X IN THE COURT. Z HAS SOLD SOME PORTION OF THE PROPERTY/TRANSFERED TO THIRD PARTIES. WHAT WILL BE THE STATUS OF BONAFIED OF Z AND THIRD PARTIES?
Sir
As you told Y as executed an unregistered sale agreement in the year 1989 infavour of one X and also without witness. The validity of the Agreement of Sale is only of 3 years. Here you informed that X has filed the suit for specific performance in the year 2000. There is delay in approaching the court. Apart from that the Y has sold the property to Mr X in the year 1996 that is after lapse of 8 years of agreement of Sale. Z also made subsequent sale. Z will be the bonfaide purchase and his right will be saved under the law. Moreover the Z is in peaceful possession and enjoyment of the property since from the date of purchase. AS you informed that Stamp paper is an impound document by lack of stamp duty and also its admissibility is to be proved that there is no witness for the said transaction.Z position is safe.
As you told Y as executed an unregistered sale agreement in the year 1989 infavour of one X and also without witness. The validity of the Agreement of Sale is only of 3 years. Here you informed that X has filed the suit for specific performance in the year 2000. There is delay in approaching the court. Apart from that the Y has sold the property to Mr X in the year 1996 that is after lapse of 8 years of agreement of Sale. Z also made subsequent sale. Z will be the bonfaide purchase and his right will be saved under the law. Moreover the Z is in peaceful possession and enjoyment of the property since from the date of purchase. AS you informed that Stamp paper is an impound document by lack of stamp duty and also its admissibility is to be proved that there is no witness for the said transaction.Z position is safe.
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