• Regarding plot litigation

Sir, I bought a plot in city in layout area. Three members including they made layout 2 acres land each..They take 3 NA permission, but they take one (jointly) layout permission and one (jointly) mutation permission from Town planing authority and from City municiple council..In that layout area i bought a plot ( i am 3rd party buyer from layout owner).. In sale deed only one person is signed among 3 members..They dont give any Agreement copy from sub registration office.. Is it legaly right or worng. Now what i have to do for getting free from litigation in future life..?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

You need original chain of documents 

 

2) take 30 years title search as to whether title is clear and marketable 

 

3) further whether original seller was absolute owner of plot has to be verified 

 

4) if not other co owners can execute deed of confirmation 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Dear sir,

Once the sale deed is registered before the sub registrar you obviously get the copy of sale deed to you In your hand as your the owner of the plot ; if un registered then you dont get any copy from sub registrar office that you must be knowing very well either it is registered of un registered !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

A. First, you need to get a clarity on which survey number is belongs to your plot number and who is the owner of the survey number and check with NA copy towards owner and property details. In case if your plot carved out of single owner's survey number and plan has also been sanctioned seperately for that survey number is okay.

B. Perhaps, if your plot carved out of land which belongs to several owners you need to check any registered GPA executed between single owner (who sold the same to you) and other two owners. If no, you must get a confirmation deed from all the respective owners to avoid future litigation.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

All 3 made separate layout and every one is entitle to individually sell his land portion his portion. Other two not require. If they jointly hold full area of land than agreement executed between must be require.


Agreement which shows, which are belongs to whome.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

If the person who has signed the sale deed has the relinquish deed (even unregistered) or the POA from other 02 persons, you will be saved in any litigation. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. From your query the title is properly clear for giving proper advice. 

2. Check the title deed of your seller.  If there is more than one owner then all the owners will have to sign either individually or on the basis of POA.

3. For clarity show the available papers to your advocate who on scrutiny of papers can decisively advise on clear title of the property. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

- Since, there is one jointly layout permission , and mutation , it means that one is having power of deal the said land on behalf of all. 

- However, if the person who has signed alone , may be having POA from the other owners , and hence you should ask for the same from him .

- If the person who signed not having written authority , then you may face trouble in future. 

- Your query is not very clear to reply in details. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Is the sale deed registered. If yes than its ok


.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

It's a defective title in the said case you will not get a fair title

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The first problem is that you have not obtained a proper legal opinion before buying this property.

Hence you are still not sure of what documents to be obtained from the seller.

Have you purchased the property by a registered sale agreement or registered sale deed?

In any case you will be having the registered document in your possession?

Since you have purchased the property you can demand the registered document which stands on your name.

If the seller refuses to handover relevant papers then you can issue a legal notice and drag him to consumer forum for relief and remedy.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Obtain Encumbrance Certificate (EC) for last thirty years.

Carryout search in the Sub Registrar's Office (SRO) with regard to title flow.

Release public notice in two news papers about your purchase of property intimating the general public.

If other co-owners are available, then you need to obtain deed of confirmation from them also.

Obtain certified copy of the  link documents of the property from SRO.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Apply for EC and check seller was absolute owner of said property or not. 

transfer or the sale deed of such jointly-owned property needs to be executed by all the co-owners of the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. It is legally correct if the person who signed the documents have POA from other co-owners in his favour or he sold the land owned only by him. 

2. Ask him to provide copy of chain documents of the property for purpose of loan or getting legal report of the property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Thisbis wrong. All the shareholders should sign on the sale deed. Ask them to sign in the registrar office.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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