It should have court eviction order if the same is done through eviction. You can approach the court also for a copy and check the authenticity. Yes if you don't have order or the same is challenged in appeal then you may be in problem
Property purchase
I am going to purchase a land which is in possession with current landlord for 26 years ie from 1993 to till date( as per deed and EC and tax recipiet and legal heir) The property is an ancestral one and the owner's mother and mother's sister (ie siblings) were co owner before 1993. As per current deed, in 1993 the sister gave full right of the property to both Owner's mother and owner(as per back deed). Mother's sister is unmarried and has no kids. Now when I gave the document for bank verification, bank is saying the owner's mother and sister got the ancestral property through a court eviction(as per the back deed) because of family dispute. But they don’t have any proof for the court eviction. Bank's advocate checked court records and said that this eviction never happened at all, though the deed states that the deed is as per court eviction. But bank is ready to approve the loan since it happened 45 years back (1972) and the property is in possession with owners mother and sister since then. Currently the land owner has all the required documents except the court eviction order. Is there any risk if I purchase this land ? In case someone come up with claim of the land in future, will that be legally valid?
Asked 4 years ago in Property Law
Religion: Hindu
7 Answers
Insist on court eviction order
2) take search in court records
3) never take any risk wherein your hard earned money is concerned
Eviction order has nothing to do with ownership, eviction order is merely a recovery of possession from tenant/illegal occupant. Who actually bought the property is must document and mother and her sister may have inherited the property from their parents.
Check this, and also if they are only daughters and no other legal heir .
See since the order is 45 years old.there is.clear possession and all.legal.documents and chain documents are in line you can go.ahead and purchase same there won't be any issue.
Take a indemnity bond from seller to be safe in future though as such there is no risk.
Please make sure before purchase of property to vet all the documents legally. It will cost you few thousands but will save lakhs from fictitious deals. Consult a Local Property lawyer with all the documents for safe purchase.
No there is no risk as such in the situation explained by you because the current owner is having possession of land from past 23 yrs and there is no dispute arises till date and even his sister have given up her share in the property through settlement deed.
You can go ahead with the purchase. If bank is approving the loan.
What about the mother of the owner?
Is she living or not?
If she is not living then her share of property shall devolve on the owner"s sister too.
She has relinquished her rights in the property only an d not her share out of her mother's share in the proeprty provided her mother is not living now.
Ascertain this fact and proceed after obtaining a legal opinion from your own lawyer
