If the seller had mortgaged the property to someone before selling it to you, you should file a criminal complaint against him for the offence of criminal breach of trust and cheating under section 406 and 420 of the Indian Penal Code as this was done by way of material suppression of fact.

Also, please elaborate the contents of the stay order if you have it.

After sale deed has been registered no stay of registration can be granted

2) take out intervenor application to be added as party and for setting aside stay on registration of sale deed

If registry has been done, then stay cannot have been granted by the court to the bank against the property.

If the bank has taken stay before your property has been duly registered, then this stay would be valid and for that you will have to file an intervention application to show that you had purchased the property and no stay order should be passed.

You have to take out intervenor application that you are bonafide purchaser of value

2) that registered sale deed was executed in your favour prior to court orders

See if the registry is not completed and not given in that case it wont be considered as the valid registration till the sub- registrar signs it.

Further file an RTI for asking the reason and objection as in written you are not being intimated.

the stay order is not valid further it has to checked the registration procedure was complete or not once the registration is complete then in that case civil court only have power not sub-registrar.

Do not go by the oral version of this man. Talk to him and take information from this man about the nature of this case and the orders, if any, passed therein.

Even if it is assumed that the seller indeed took loan form him and did not return the money then also stay on the registry in unlikely .

Injunction on sale in such cases is not generally allowed though he can attach the property before the passing of decree.

If you purchased the property before such order , if any, passed then you have nothing to worry. Otherwsie appear in the suit by adding yourself as party to it and fight this on merit.

1) You should have sale deed with registrar signature on it and if any third party is claiming any rights on it then seller should be responsible under indemnity clause.

Have you not mentioned Indemnity clause in the sale deed. and proper title transfer clause.

The registration can be stopped only in the following cases:

1. When there is any loan pending against a mortgaged property.

2. When the property has been attached by any court or authority or there is any other encumbrance on the property.

3. When there is any fraud or misrepresentation by the seller / buyer.

4. When the property has been inherited by several members of the family (such as brothers, sisters, son, daughter after death of father or mother) and a single legal heir tries to sell or transfer the property. When the property documents like sale deed, will, gift deed etc. are forged and fabricated.

5. When there is an order of temporary / permanent injunction given by the High Court / District Court in any suit against the transfer of property.

6. When there is any other type of suit or court case, litigation or other dispute pending in any District Court or High Court in respect of the property.

Yes the stay order is valid even after one day of the registry.

However you being the owner of the property can now approach the court for getting the possession of the property.

Get in touch with the local lawyer for a concrete advice so that you can file the case in the court of law .

Regards

HI I HAVE BOUGH A FLAT IN DELHI FOR WHICH REGISTRY WAS DONE ON 25/09/2018. After two days I got a call from someone mentioning that they have put a stay on the registry of paper dated 26/09/2018 as the seller has to taken loan from him which he has not returned. Can a stay be granted after one day of registry. Also society is not allowing me to enter without registry paper which even after 10 days are not signed

If you have been impleaded as a party to the suit then you may have to fight it out along with the seller to protect your interests in the property.

Have you not taken a legal opinion about the property before buying it?

Since you have purchased the property by a registered sale deed, the society cannot stop you from entering into your property, they cannot prevent your entry, if they do so, then you may seek the help of police in this regard.

As of now I do not have the stay order copy but this flat was mortgaged under Bank , and Seller was unable to pay the bank dues because of which the flat was sealed , I had bought the property by transferring his loan to my account under same bank , I just want to know can the stay order by valid after one day of registry.If I get registry paper I will be relieved which is not yet signed by sub registrar after 10 days

If you have been summoned by any court then you may appear before the court either in person or through an advocate, verify the reasons and then challenge the same based on the registered title documents in your possession.