• Propery dispute between purchase and seller

A property was under litigation. Both the plaintiff and defendant had agreed to sale this property.

I have executed the sale agreement followed by sale deed including all the concern person in the registered document. 

Now plaintiff has filed objection in revenue department to hold the transfer of khatta to me , reason stating that the case is pending in the court.

The intention of plaintiff is to get more amount. As per Sale agreement i have made the payment the receipt is available, however out of two cheque , one cheque plaintiff has not presented to Bank.


Now i required your suggestion.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Has any consent terms been filed in court ?

2) you can on basis of consent terms filed in court sell the property

3)if there is no stay order psssed by court you are at liberty to sell the property

4) entry in revenue records does not confer title to property

5) it is only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. who had filed the suit?

2. if parties had agreed for sale, then they should have filed consent terms in court which would be binding on the seller

3. if court case is pending, then the department/authority can obviously not transfer the khata to your name

4. what is the stage of the suit?

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

hello,

if the property was in dispute and you went to the court then the law says that the property cannot be sold until the case is decided. now if both the parties have reached a compromise and have mutually agreed to sell the property then they should approach the court where the matter is pending and state before the court that they do not dispute each other's claims and have reached a settlement. the court would pass a decree upon it and then they can dispose of the property as per the agreement reached. you did not take leave of the court before agreeing to sell the property, therefore, state that the other party too was complicit in this act and therefore the court should proceed further as per the law.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

If both parties has affixed their signature file a suit for declaration to declare you as owner of property. Secondly you should have verified whether compromise was entered in court before purchase of property. secondly verify whether the plaintiff and defendant has withdrawn earlier suit if they have not get yourself Impleaded in the suit also file objection in the suit and also application to dismiss the.suit

Any sale made during pendency of suit is illegal and void in eye of law.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Client,

It`s a clear case of fraud and cheating. Knowing case in pending in court, both Planti. & Resp. in connivance sold the property to you and now questioning the same. File FIR.

Also, become party in a suit and file application for dismissal of suit. As no cause of action left due to their settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. The plaintiff has gone behind your back and done unethical act;

2. You can go back to that court where the case is pending and you can say there is breach of settlement between you both (if you had filed for consent terms);

3. This itself amounts to contempt of court;

4. If the intention of the original plaintiff is to squeeze more money from you record his voice and you can use that against him in court;

5. You can also file case of cheating against him under section 420 of IPC to the nearest police station.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If you are one of the party in that case, if yes, you have to file compromise petition and to dismiss the suit or decreed the suit as per compromise. If you are not a party in that case, you are entered in to sale agreement from one of the party like plaintiff or defendant, you have to issue a legal notice to come and registration of the sale deed in favour of you as per sale agreement, if not come you have to file civil suit for specific performance against the said party before the jurisdictional civil court even stay in the pending suit. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Sir you should have drawn first a compromise deed with the plaintiff in case that is not presented file your reply to objection stating that the plaintiff defendant has sold the property and amount is paid to plaintiff vide the cheques. Further present the copy of sale deed where in plaintiff name is mentioned.

Also if property is sold by consent of the plaintiff then the suit is infructuous and it should be withdrawn,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear sir,

If cheque was not presented then it is his mistake. You have to raise the preliminary issue by filing application under order 7 rule 11 cpc about maintainability of suit. The law is as follows:

=================================================================================

Order 7 Rule 11 of CPC

O 7 R 11. Rejection of plaint.- The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law;

(e) where it is not filed in duplicate;

(f) where the plaintiff fails comply with the provision of Rule 9.

Provided that the time fixed by the court for the correction of the valuation or supplying of the requisite stamp papers shall not be extended unless the court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp papers, as the case may be within the time fixed by the court and that refusal to extend such time would cause grave injustice to the plaintiff.

HIGH COURT AMENDMENTS

Andhra, Pradesh.- Same as that of Madras.

Assam and Nagaland.- Same as that of Calcutta.

Calcutta Andaman and Nicobar Islands.- Add the following as clause (e):

“(e) where any of the provisions of Rule 9(1-A) is not complied with and the plaintiff on being required by the Court to comply therewith within a time to be fixed by the Court fails to do so.”(25.7.1928).

Karnataka.- For item (c), substitute the following:

“(c) where the relief claimed is properly valued, but the Court fee actually paid is insufficient and plaintiff does not make good the deficiency within the time, if any, granted by the Court” (30.3.1967).

Madras and Pondicherry.- For clause (c), substitute the following:

“(e) where the relief claimed is properly valued, but the plaint is written on paper insufficiently stamped, and the plaintiff does not make good the deficiency within the time, if any, granted by the Court.” (9.2.1967).

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If the plaintiff has objected to the transfer of khata then you may have to give suitable reply to based on the facts you rely upon.

What is the nature of filed, who filed and against whom?

You may revert with details to enable to render more proper opinion.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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