You can check court records on basis of name of parties
2) you can issue public notice before purchase of property
3) consult a local lawyer before purchase of property
Hi, I am planning to buy property that was given by Gift deed from father to son. Father has bought the property in 2005. In the sale deed, there is mistake in survey number. So they did a rectification deed on the same day to correct survey number and registered. Father has registered gift deed in favor of his son in 2021. In the rectification deed, there is Exhibit number Ex P.13 written in red ink. Below this exhibit number there is small sign and date(14/2). No year mentioned. There are no other details like case or suite number mentioned. Only Exhibit number and small sign with date. Since the exhibit number is Ex P.13, this may be from petitioners only(his father or son). His son is not giving convincing answers to this. My questions are: 1. Is there any way to find the case details on why this is exhibited in court. There is no case number mentioned anywhere in the rectification deed. Can we search in the court database with name or registration number etc. 2. All other documents like EC, Katha etc are clear. Can we go ahead and purchase this as there is no case number mentioned in the rectification deed. The exhibit number is only in rectification deed and not in sale deed and gift deed 3. Will giving the newspaper public notice before purchasing help in this regard. I am interested in this property, so trying to find the case details and purchase
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You can check court records on basis of name of parties
2) you can issue public notice before purchase of property
3) consult a local lawyer before purchase of property
1. Ascertain case/suite number by searching court database with parties’ name or property registration number.
2. Contact court directly for case/suite number information.
3. Ensure documents such as EC, Katha etc. are clear and free from any encumbrances before purchase.
4. Give newspaper public notice before purchasing property to inform parties with interest.
You need to find the court on basis of jurisdiction where it may be filed and then get the info through RTI.
If you feel the title is clear you can go ahead otherwise check the title and verify about any encumbrance or injunction orders of court
1. Since there's no case number mentioned in the Rectification Deed, it will be a herculean task to search in the court database with name or registration number.
2. Even though certain documents such as EC, Katha, etc.,. are clear, it's recommended to obtain legal opinion for the property by any Lawyer before going ahead.
3. Definitely. Giving Public Notice in newspapers before buying the property is a good option.
1. You first get a legal opinion from a lawyer and ask him to clarify your doubt about the exhibit what you refer, if possible you can engage the services of your lawyer to file vakalatnama before concerned court and obtain the copies of the exhibits by filing a third party affidavit and clarify the details. If you do not want to undergo the strenuous procedure, your can ask the seller to clarify the same with substantial details.
2. Do not presume anything even if if your presumption come true, hence first ascertain the details before proceeding with the proposed purchase.
3. This will not solve your purpose neither this will come to your rescue in future if any litigation arises. But there is nothing wrong in giving a public notice in any leading newspaper to find out the objections if any
1. If the sale deed is not having any exhibit number like rectification deed, then it is possible that this deed had not produced before any court in any case, and this exhibition P-13 is for referring the survey number correction and nothing more.
- Only Rectification deed in the absence of sale deed cannot be admitted before the court in any case.
2. In my opinion , the title deed & registered gift deed with the rectification deed is correct to purchase the property
3. Yes, you can publish a notice in newspaper to remove your confusion , after mentioning that you are going to purchase this property and if anybody having any type objection then he can contact within 15 days of time.
I was able to contact the seller's father. He recalled that in 2012, the thieves broke down in their house and stolen all the things in the house. Upon filing the case, the police recovered the stolen things and submitted to court. Court might have marked them before handing over to them. There are many documents and things stolen. The police has given one document with list of things recovered. The shared that document with me. In that document, the sale deed is mentioned in serial number 13. So i think they have mention in sale deed as Ex P 13. There is no other details like suit number or case number or court seal. The question is - Is this the process when they recover things? Will court mark the things(documents) recovered in any of the stolen recovered case.
The seller may come up with his own stories which can be believed only if his narration is supported by substantial documents.
If you are not able to believe the story of the seller, you may approach a local lawyer and get a proper legal opinion and get satisfied only after the lawyer gives his recommendation.
Dear client,
Without any details like case or suite number mentioned in the rectification deed, it may be difficult to find the case details. However, you can try searching the court database with the names of the parties involved, the exhibit number or the registration number of the property. You can also approach a lawyer or a legal expert who can help you in this regard.
Even though there is no case number mentioned in the rectification deed, it is still important to find out the reason why the exhibit number is mentioned in the deed. It is possible that there was some legal dispute or litigation involved in the rectification of the survey number. Hence, it is recommended to obtain legal advice before proceeding with the purchase.
Giving a public notice in the newspaper before purchasing the property may not help in this case, as it is not clear what the exhibit number Ex P.13 represents. A public notice may be useful if there is a dispute or litigation pending in the court related to the property, and you want to ensure that all interested parties are aware of the proposed purchase. However, it is always better to obtain legal advice before taking any steps.