• Regarding sale of a land

Dear sir ,

 Last year my parents brought a land from a person who is an AGPA.recently a lady called and she was telling that there is a case pending on a land from past 4 years and we should not sell the land .i found that the lady and the owner are relatives and she along with her daughters had registered a case on ancestor lands and this land,this land was brought by her for some other person and sold to my owner by gpa cum sale deed.please kindly let me know the following :
1.is it possible to get encumberance certificate ,even if there is a case pending on the land 
2.Is gpa cum sale deed is valid ,the deed took place in 2014
3. Whether a land can be registered ,even if the case is pending 
Please kindly let me know the above information.
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

HI,

1.Some how it is possible

2. The sale deed from GPA is possible and valid but the charge or the dispute on the title of the property is to be checked before doing the deed.

3. The responsibility transfers along with the title of the property and the outcome of the case will affect the title holder of the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

1. encumbrance certificate is issued by land department/municipality and case is pending in court. land department has no knowledge about it. so encumbrance certificate can be issued even if there is a case.

2. no it is not valid as per supreme court order. it is done to evade stamp duty.

3. since land department has nothing to do with court, it can beregistered also.

beside this sale is invalid since no land can be sold when there is a case pending on such land.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

1) was sale deed registered..

2) if property was sold by registered sale deed then it would confer clear and marketable title on the purchaser

3) if any injunction has been granted restraining sale of property it cannot be sold

4) if any sale deed is registered in violation of court orders the sale would be void

Ajay Sethi
Advocate, Mumbai
97695 Answers
7909 Consultations

Dear,

1. Yes. It is possible to get encumbrance certificate,even there is a case pending on the land. There is no bar in obtaining encumbrance certificate when civil case is pending in the court against the land in question.

2. In order to say whether the GPA-cum Sale Deed is valid or not, the same needed to be perused first.

3. The land can be registered even if the case is pending provided there is no stay order on sale of land by the court or there is a specific direction from the court to not to sell the land till the disposal of the case or till the disposal of any application as the case may be.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

1. Case will not reflect in encumbrance.

2. GPA is valid for limited purpose. Sale deed has legal value.

3.No. it will be hit by lis pendens. Pending litigation.

Rajaganapathy Ganesan
Advocate, Chennai
2259 Answers
8 Consultations

1. The EC will not be issued if the pendency of the case is brought to the notice of the competent authority.

2. If there is a suit pending with respect to the property which you have purchased then it per se does not make your title defective, but the title will be subject to the final outcome of the case.

3. Unless there is an injunction granted by the civil court the land can be sold.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

1. You will get the encumbrance certificate from the registrar office, and the same will not have any detail about the case. To get the details of the pending case you will have to check the records of the court in whose jurisdiction the land is situated.

2. GPA seems to be valid

3. yes the transfer of property can take place during the pendency of the case but the purchaser will have to follow the fate of the case as per the provision of the Transfer of Property Act.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

1.is it possible to get encumberance certificate ,even if there is a case pending on the land - if no stay from court.

2.Is gpa cum sale deed is valid ,the deed took place in 2014 - GPA not equivalent to sale deed. No title transfer in the property.

3. Whether a land can be registered ,even if the case is pending - as i said there should be no stay order.

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

hi, you are the beneficiary owner of the property..your ownership cannot be challenged .. if she is interfering in the posession over the property file a suit for permanent injuction

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. Non encumbrance certificate is availed from the Registry office and in the instant matter a legal case is pending to be disposed of before the Court. it is customary to conduct Court search for at least 12 years to ascertain whether any litigation is pending before the Court in connection with the said property or not. So, encumbrance certificate can be issued by the Registry confirming that there is no mortgage deed or any lease deed standing in connection with the said property.

2. The Supreme court has invalidated sale through GPA (in favour of non relative, broker etc.) in the year 2012 in case of Surya Lamp and electrics .....Vs..........The State of Haryana.

3. Deed of Conveyance for a particular land can very well be registered even if cases are pending before a Court in connection with the said property unless there is a Court order upon the Registrar restraining him in registering the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

Yes, you may still get the non-encumbrance certificate.

If there was no court order into operation, at the time of your purchase of this property, which restricted sale and purchase of this property, you purchase is valid.

Now, you will have to intervene in the case and defend it.

You are also free to sell of this property in case you so wish to, provided there's no court order into operation currently which restrains the sale and purchase of this property.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
313 Consultations

1. The EC will not reflect the court case, it has to be ascertained by you privately before venturing into the purchase.

2. GPA cum sale agreement is not a valid sale deed or a title document

3. If There is no restrictions from a court of law, the registrar will not come to know abut the pending cases.

T Kalaiselvan
Advocate, Vellore
87897 Answers
2367 Consultations

Hi, First of all, it is necessary to explore and know that if there is any order or directions from court regarding the land in question. If there is no stay, order or direction, you may apply and obtain the encumberance certificate, even if there is a case pending on the land. The gpa cum sale deed is also valid. and the land may also be registered ,even if the case is pending.

Ganesh Singh
Advocate, New Delhi
6784 Answers
16 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer