• How important is it to issue a public notice calling for claims in respect of the property?

I am buying property in New Bombay --falling under CIDCO rules.
Asked 6 years ago in Property Law
Religion: Other

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19 Answers

Sir it is not mandatory to do a public notice though it would be beneficial as it will save from future claims and further in case anything come up in notice then you can refuse to purchase. Also in case of any litigation after purchase it will also show your bone fide. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir you can contact the newspaper agency they shall draft same you just have to give property schedule, there are many drafts available for same on google too.


Though if you need me to draft same for you can contact.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should issue public notice inviting claims before you purchase any property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to file a public notice inviting claims or objections in the said property. You need to check with Cidco whether there is any encumbrances in the said property or not. For drafting of public notice you need to consult through Kaanoon separately

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

All persons claiming an interest in the said property or any part thereof by way of sale, gift, lease, inheritance, exchange, mortgage, charge, lien, trust, possession, easement, attachment or otherwise howsoever are hereby required to make the same known to the undersigned at his office at ....................... within 15 days from the date hereof, failing which the said sale will be completed, without any reference to such claim and the same, if any, shall be considered as waived.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Asking pubic in general to raise objection in respect of purchase of a property is a mere procedural precaution having mo mandate of law, it is not compulsory to do.

In other words your title in the event of purchase would not suffers from any defect merely because you did not give such public notice through newspaper advertisement.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir/Madam,

 

- Reference to draft, you are advised to hire local lawyer from Mumbai or may put the request for same through website as the link for draft is already given.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Though it is not mandatory, there are sometimes reasons for doubt about a resale property or a piece of land with a long history of ownership. In such cases, the intending purchaser or his advocate often issues public notices in newspaper. The practice is to issue two public notices – one in English and the other in the local language of the state – stating that the purchaser or his client has agreed to purchase or negotiate for the purchase of a property from a named vendor. This invites counter-claims in the form of mortgage, charge, lease, lien, easement, gift, trust, etc. against the property to be notified to the buyer or his advocate within a specified time (normally 14 days) with supporting documents. 
However, it must be noted that merely giving public notice and not receiving claims from any persons will not bind those who may be real claimant if they were not aware of the public notice. In case of dispute, such public notice will support the buyer’s contention that he is a bona fide purchaser for value without notice of such claim.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

NOTICE is hereby given that (1) A son of ………………….. resident of …………….. (2) B son of ………………….. resident of …………………… and (3) Smt. ………………….. wife of ………………….. resident of ………………….. have agreed to sell the property mentioned in the schedule hereto, to my client vide Agreement dated …………………..

All persons claiming an interest in the said property or any part thereof by way of sale, gift, lease, inheritance, exchange, mortgage, charge, lien, trust, possession, easement, attachment or otherwise howsoever are hereby required to make the same known to the undersigned at his office at ………………….. within 14 days from the date hereof, failing which the said sale will be completed, without any reference to such claim and the same, if any, shall be considered as waived.

Schedule

Description of the property

…………………………..

 

M/s …………………..

Solicitors, Advocates & Notary

…………………………..

Dated the ……. day of ………, 2019.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It's of utmost importance. It establishes that you purchased property in 'good Faith'; in any future litigation (if any), by a third party challenging the transaction. 

This forum is only to provide you preliminary guidance or indication. For further legal services, you have to visit my office and also pay a fee.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

It's not compulsory but as part of due diligence its always advisable to have such a notice issued and invite claims

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. It reaches a v

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Dear Client,

Buyer beware before purchasing any property, Even such public notice will be of no avail if any claim raised by third party, so better check non encumbrance. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. It is of course important to establish that you had notified your intention to buy the said property calling upon the other claimants of ownership the said property, if any, to object.

 

2. Even after publishing the said , some one can file a suit claiming the ownership or share ofn the said propertt after you purchase the same. However, in the said event, you shall have a defense that you had notofied your said intention to buy the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

On receipt of the details of the property and the parties any Lawyer can sent you the draft of the said advertisement.


On receipt of the details of the property and the parties any Lawyer can sent you the draft of the said advertisement.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

There are possibilities that the any buyer or a leas holder already entered into any sale agreement with a third person for consideration or ther may be any litigation against the property which will not reflect in the EC, hence it is on your own interest you can issue a public notice in a local newspaper in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can approach the press reporter in your jurisdiction for this or may engage the services of an advocate on his terms

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

A public notice calling for  claims is necessary so that you may be sure that no liability exists and the property in free of any encumbrances.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A draft can be made by contacting lawyer through the website.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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