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Order passed by court without our knowledge, How to overturn the same
07-Oct-2023 (In Property Law)
Sir, My father purchased a land from 'X' party on Oct 1988 with a registered sale deed (Consotidian land- Consotidian department issue patta in the name of dhanna son and from dhanna son to my father) we had also take a registered 'patte' from Nagar Parishad in the year 2013, As we are planning to sale the aforesaid property. recently we came to know that a guy had approach the court in the year of 1989 to the civil court for Specific performance of contract as he had some sale agreement with Rs five stamp paper made in the year of 1985. The court order the decree of the said land in the favour of that guy without to our knowledge. Now we are planning to approach the court for that land. Is there any clause that without the knowledge of present condition of the land, a magistrate can pass that type of order. As we had all documents with us like Sahmati patra of X party legal heirs, registered sale deed, Nagarparishad patte for aforesaid land. Please help us how we can move further.
As per the doctrine of constructive notice under property law, you were required to find out everything about the property before purchasing it. If it turns out at a later stage that someone else had a lawful right over it, you might face trouble in court establishing your right over the property. However, you had a right to be informed by the Court. You can file an appeal or revision against the same
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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You have a very good case as you have registered sale deed and lease deed of a local authority. You are not bound to order and decree of the civil court as you were not the party. There is a time of execution of decree beyond that it can be executed. that guy has not challenged the registered sale and lease deed. You should contact any civil deed lawyer. You may also contact us if you are in Jaipur.
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Adv. Syed Zakawat Ali
Jaipur | 25+ Answers
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