I had one doubt regarding land sale... example raju has 2 acre land with some problem. now he want to sale someone, and he saled that land to someone ... after that the buyer got some problem regarding this land from raju relations... now is it possible to file the case against raju to cheating and sale the land
Asked 11 days ago in Property Law from Coimbatore, Tamil Nadu
1.It is to be seen whether there is any indemnity clasue in the sale deed.
2.Generally such clause remains in the sale deed and if it is there Raju is bound to compensate the buyer.
3.If there was fraud on the part of Raju in selling the land then the case of cheating can be filed.
4.Do Note that each and every dispute which Raju may have with his relatives is not enough to file case of cheating. His relatives may have some dispute which has no legal basis for which raju wouldn't be held responsible.
Case of cheating can be filed against Raju under section 420 of IPC
2) purchaser can sue Raju to recover his money with interest
Yes, the buyer can file a civil/criminal case against Raju , if the problem caused is due to him
now raju relation come and ask buyer we also need the share of the land... now buyer what to do... how buyer face the problem .. and file the cause ... now who is responsible to solve this issue with legally buyer or raju.
Asked 11 days ago
Ignore such demands. If the buyer has possession of the proeprty then let Raju's relatives approach court and seek remedy on proof of their title in the proeprty, if any.
1) if it was self acquired property of Raju his relatives would have no share in property
2) relatives have to file suit to set aside sale
3) buyer can sue Raju as per indemnity clause in sale deed
Please let me now if there is any indemnity bond or not in the sale deed
Advocate, New Delhi
Raju is responsible to settle this with his relatives. Tell the relatives to approach Raju and not to disturb your peaceful possession over that property. If they still do not cooperate, intimate the Police.
If such demand is being raised then you may conveniently ignore any such demand.
Let relative of Raju reach the court to seek appropriate remedy.
Please tell me about the indemnity bond and then only can I advise you as to buyer can sue Raju or not?
Advocate, New Delhi
Could not understand the issue clearly,
But, which kind of problem was there when buyer bought the property from raju? . According to the problem I can suggest whether any forgery case can be filed.
It is the fault of the buyer for not enquiring properly before buying the property.
He can ask the vendor to clear this litigation.
Let them file a suit impleading the buyer as a party.
The buyer can challenge the same on merits