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We have purchased a plot for house . After few days a relative of the owner comes and claims the plot since it was undivided in will. Since then they are harrading us. How to approach for a legal solution. In registration the seller has been deemed as absolute owner.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) let the relative movce court and challenge the sale

2) you ought to have taken search with sub regsitrar office and checked title is clear and marketable before purchasing the plot

3) contact the seller and request him to settle with relative

4) your contarcvct must be containing indemnity clause wherein seller agrees to indemnify you against claims amde if any for the property

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. The broker can also be sued for refund/compensation since he acted agent of the original owner.

2. Since there is clause in the sale deed for indemnifying you from any poss you are bound to be compensated.

3.You can file case in consuemr forum sicne a broker is involved who comes under service provider definition.

4.if you have raised constrructions then finish it fast and take possession if it.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If POA had been executed by owner broker was duly authorised to sell the property

2) if the seller was not absolute owner he could not have conferred clear and marketable title to you

3) check whether it was self acquired or ancestral property of seller

4) if any fraud has been played file case of cheating, criminal breach of trust against seller and broker

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

Have you got the original parent deed bverified before buying this property.

Did you properly confirm the title of the vendor who sold this property to you.

Did you take a legal opinion before buying this property.

Were you satisfied about the genuineness of the vendor and his title to the property

If yes is the reply for all above, then you may advise the claimant to approach court seeking remedy and relief.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. The contract is clear about the compensation if any dispute arises. But how to trap the broker who has sold this plot with his power of attorney.

The power of attorney agent alone is not responsible for this fraud but the principal is also liable to answer this question.

2. Should we file an fir against the party .

If you have been cheated then you may lodge a criminal complaint agaisnt the culprit.

3. Since we will be building a house will it be feasable legal wise to cling on and fight.Every document is clear with us.

You can proceed with the construction work if there is no stay or injunction agaisnt this.

4. The party had filled fir against our associates/relatives but not directly to us I.e. owner nd direct relative.

Then what is your worry. Since the property is in your possession, let them initiate legal proceedings agaisnt you after which you can challenge them.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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