I bought three sites property from a developer three years ago and khata is also made in my name. But I received a lawyer notice from the owner of the land who has dispute with his brothers with this project Due to this dispute if share among the brothers the developer has kept the project under hold. He has filed a case to release his portion so that he continue with the development . Please advice me what to do
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1. You should have caused searches in the court to find out about any litigation.
2.Anyway now the proeprty is entangled in litigation and there is no surety how soon it would be released.
3.Since I donot know much about the litigation about the brothers I can not comment on its merit or outcome.
4.Since you are a bona fide purchaser without notice you have your title protected in the proeprty.So enjoy it in the meantime.
Thanks for the reply . To update you, I received a lawyer notice saying that the GPA who has signed the sale deed is invalid ( as the GPA was assigned by other four brothers) . Already the developer has steady sold 80 sites who all received similar notice. But I have paid the khata up to date
1) reply to legal notice that you are bonafide purchaser of value
2) mention that you had purchased land from builder by registered sale deed
3) in the event any suit is filed by co owner file detailed reply and contest the suit
4)wait for results of suit filed by builder
builder must have done due diligence before purchase of land from GPA holders
if GPA is not signed by person then builder could not have purchased his share of land
reply to the legal notice
contact a local lawyer
it is irregularity which can be regularised by the signature of another brother who may not have signed.
Due to this dispute if share among the brothers the developer has kept the project under hold. He has filed a case to release his portion so that he continue with the development . Please advice me what to do
If you have received notice then it becomes your duty to give a reply notice to the lawyer.
You can approach the builder to relieve you from this problem if he has agreed to setle sch disputes or else you may also file a case against the builder for cheating you by suppressing the fact of dispute i the land before selling it to you.
To update you, I received a lawyer notice saying that the GPA who has signed the sale deed is invalid ( as the GPA was assigned by other four brothers) . Already the developer has steady sold 80 sites who all received similar notice. But I have paid the khata up to date
When there is a dispute and you have received lawyer's notice, you may issue a reply notice, or if it is a court case, you should scrupulously follow it up through your advocate so that you dont lose the case and the property.