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Purchase of property which is under pending case whether valid
14-Jan-2023 (In Property Law)
Dear Sir I purchased and registered a property, legally all papers available at the point of time including encumbrance certificate. Later own we came to know that there is a case going on with original owner and nephew. Original owner sold this property in 2005 and later that guy sold me in 2009. Still the case is going on and not issued any final decree. Did this nephew can impose any attachment to this property ? I mean did he can make any issue legally for further sail Please advice
The situation can vary from State to State due to the laws passed locally. For example in Kerala if a property was inherited before 1975, the property thus inherited can be claimed even by a child conceived bot not born. Thus if a person inherited a property, has a sister who has 5 children. Sister is entitled to 6 shares and the person inherited has only 1 share. The religion also comes into play. So a lot of other details are necessary to answer this query completely. The nephew can impose any obstruction only if there had been any restrictions by the court earlier. By what i can learn from your short query is that, since it was registered without any hitches at the Regn Office you may need no worry.
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Adv. George Mercier
Trivandrum | 25+ Answers
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What is the subject matter of the dispute and what are the issues involved? When was the case filed, esp. was the case pending when you had purchased the property? Are you or the person who had sold you the property a party in the litigation?
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Adv. P Venu
Vaikom | 500+ Answers
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