• How to know whteher appeal against court judgement is pending in higher court?

I am planning to buy a property this month. The layout is HMDA approved. But the earlier flow of title has some disputes reflected. A final decree for partition was passed by city civil court after a dispute among 32 family members in 2003. Collector issued orders in 2004 for layout creation. How do I be sure that there is no other appeal filed by any other member in higher court which is pending now? Because none of the proceedings are reflected in encumbrance. How can i be sure no case is pending any court? any help with ecourts? Please advise.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

1. If there is no encumbrance in land records and further you can confirm on website of the high court from older case reference if appeal is filed or not it will reflect if any pending appeal.

2. further if the collector order and court order is complied and executed and that is last substitution in land records then there is no appeal.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to take search in court records whether any appeal has been filed or not

2) your Lawyer will do the needful

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Hello,

Hire a lawyer and ask him to do court search , if there is any suit pending you would cone to know.

Regards

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

This is my response to you:

1. Yes you can approach the ecourts website and search by party name;

2. In the alternative you can also approach a lawyer and ask him/her to find the status;

3. You can also file a caveat in High Court;

4. Rest assured if it is filed in High Court you will receive summons once it is filed.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) In court you won't get reflected property like that. You have to take undertaking from those 32 family members that no pending cases against them in any court if any litigation arises than the party will be responsible.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

Hi

You need to obtain declaration from your proposed Vendor(s) as to pendency of any litigation pertaining to property proposed to be purchased.

Encumbrance is not complete document, only registered transactions will be reflected in it.

You may have to release News Paper publication about your intention to purchase the property calling for objections from general public.

The above acts and actions will help you.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can check with the Jurisdictional Higher Court (in which the appeal shall lie) to make sure that there is no appeal is pending. Usually the interested parties might have filed a Caveat petition and they will know if any appeal is pending.

Thank you

Abul Kalaam Azad
Advocate, Madurai
8 Answers
2 Consultations

4.8 on 5.0

You can check the same from ecourts website.

Alternatively, you can hire a lawyer to do the court search for you.

It's also advisable that you get a notice published in leading newspaper in vernacular language and english notifying that you're intending to purchase he said property and if anyone has any objections can contact you.

You should also try to obtain declaration from the

32 people involved in, litigation with respect to this property that they do not have any claim in this property and do not dispute if it is sold to you.

Siddharth Jain
Advocate, New Delhi
6098 Answers
101 Consultations

5.0 on 5.0

1. You shall have to conduct Court Search for last at least 15 years to ensure that there is no court case pending against the claimant of the title of the said property.

2. Since the City Civil Court had passed the said order, conduct the search in the appellate courts including the High court to know about the existence of any appeal filed against the order passed by the lower Court in the year 2003.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

You can make search through ecourt services.

You can search by name of parties also.

You can take the assistance of an advocate also.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You can file a caveat or check online through website by putting the name of party.

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Hire local lawyer, E court facility was not available that time when case disposed in 2003,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

You may give a publication in local newspaper regarding the intention of buying and any person may inform about his claim in that property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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