Ask builder to furnish certified copy of court orders dismissing the suit filed against the builder
2) also give in writing that there are no pending litigations in respect of aforesaid project
Litigation record in online RTC
I am interested in an apartment in Bangalore which has all documents proper and lawyer has confirmed proper title too and EC has also been verified with no issues but in online RTC it reflects litigation On checking with developer they shared a case file from 1985 which got dismissed and has confirmed that there are no other pending litigations and not sure why RTC shows so. What to do here ? Is there any possibility to ensure no pending litigations.
Asked 6 years ago in Property Law
Religion: Hindu
9 Answers
If the case is dismissed let him provide the copy of the court order for dismissal of the case.
Hi Sir, Sorry that i missed few points 1. This is a JDA project between Land owners [father, mother, son, daughter] and developer 2. Documents verified [Title, JDA, GPA, EC, etc] and lawyer already confirms everything is in order 3. The only cause of worry is that online RTC for a survey number in the project shows some litigation 4. Developer has already shared the court order for dismissal (This case was dismissed in 1985 itself) and confirms there are no pending cases for the land 5. My worry - If case was dismissed why online RTC still shows it ? Is there any way we can get confirmed that a particular survey number has no pending litigations other than the developer giving in writing (Should land owner give it or can developer do it as he has GPA)
Asked 6 years ago
You have to check the record of the conserned court if so then apply them to rectify the online data. There may be a tab on the screen as well to raise the complaint.
Since developer has GPA he can confirm in writing that there is no pending litigation on particular survey number
Dear Sir,
In such case cross the court records as to whether there was any appeal/revision against the dismissal order. The word from the RTC can be removed by preferring the appeal before the Asst. Commissioner (Revenue). This can be done either by the Developer or the owner. But if there is not case pending then there will no issue even if such word appears in RTC online. Please check whether the land was duly converted into non-agricultural land by cross checking the records in the office of Deputy Commissioner, Bengaluru.
Check if appeal in pending against the order of dismissal.
This ca be ascertain by advocate if any appeal is pending.
1. Counter check IF any of the related dispute-parties have filed any pending Appeal in the matter.
2. The property can be safely purchased by taking irrevocable indemnity bond, from all the related dispute-parties, indemnifying you against any and all losses. A news-paper notice would have to be given by following due procedure of law.
Keep Smiling .... Hemant Agarwal
You collect the details of case and confirm the status through your lawyer.
If the case has been disposed then ascertain the details of judgment.
You may obtain legal opinion and proceed.
That is routine in nature.
There is no significance attached to this.
However you can still clarify the details from land revenue department