Hi, I have a 25 guntha land parcel in Satara district. I bought this land with due registration, 15 year search and title report and newspaper advertisement. All the government records were formally transferred in my name including 7/12 and mahabhulekh abhilekh, copies of which are available with me. However, I have received a lawyer's notice from a person who claims to be next of kin of another person who bought the land, supposedly with a registered document, back in 1990. The validity of this old sale deed document is yet to be established. From hearsay, I am guessing this may not be proper paperwork, but the notice claims it's registered. Q1. If it was registered, should it not have been in government records since 1990? However, subsequently the land was sold to another owner in 2009, who sold it again in 2010. Both these owners too have their names duly present on 7/12 and ferfaar, and I am the third owner in this sequence who bought this land in 2021. Q2..Can this person's (who claims that his father bought the land in 1990) claim be admitted by court? How was his name not on government records if he bought the land in 1990? Was there any lack in my due diligence at the time of purchase? What recourse can I take to ensure this matter is resolved for good? This person also sent notices to previous owners over last 10 years (2012 to 2020) however failed to show up for hearings and his claim was subsequently rejected at the district collector level. Copies of this order are available with me. However, the previous owner did not mention any of this to me at the time of sale. How can this be used as an evidence to resolve this case, perhaps he is just trying to cause nuisance? Can I hold the previous owners accountable? I now wish to begin construction on this land but ofcourse would not want any issues in future. How can I avoid that?
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It should be reflected in revenue records if sale deed was registered
2) claimant has to take legal proceedings fir declaration that he is absolute owner of property and to set aside sale deed executed in your favour
3) there must be indemnity clause in your sale deed to indemnify you in case third party claims are made
4) you have to sue earlier seller to recover your money
1. You can check from registrar office to ascertain the fact of registration. Being bonafide owners you too have independent right.
2. If other facts like registration of document, consideration said paid, relevant records if intact then sale is complete and court would consider these relevant documents to ascertain the fact.
To ascertain the fact, firstly ascertain the situation and factum of validity of stated sale deed, get carried proper due diligence through advocate. If find anything suspicious then report the matter to police and file case. you should also file police complaint against previous owner including the owner from whom you had purchased the property.
Dear Client,
As a bonafide owner, you have the right to verify the registration status of the property with the registrar's office. If you find that the property is duly registered and all relevant records, including the consideration paid, are intact, then the sale can be considered complete. In case of any doubts regarding the validity of the sale deed, it is essential to conduct a thorough due diligence through a qualified advocate to ascertain the situation and facts.
Should any suspicious findings arise during the due diligence process, it is advisable to promptly report the matter to the police and file a case. This action is necessary to protect your rights as the current property owners. Additionally, it may be prudent to file a police complaint against both the previous owner and the owner from whom you acquired the property. This ensures that all relevant parties are held accountable if any fraudulent activities are discovered. By taking these measures, you can safeguard your interests and establish the authenticity of the sale deed.
1. You can verified from the office of the registrar for knowing the registration in the name of owners of that land.
- Further , if there is no record , then this notice has been issued to you on wrong information and hence you can reply of the same after mentioning that you are only the legal owner of the property .
- Further, this also can be verified from the office of the Revenue department as well for 7/12 of the property.
2. Since, you have bought this land with due registration, 15 year search and title report and newspaper advertisement , then none having right to claim the ownership on any grounds , as the said claimant not come within 15 days from the date of publishing the notice .
- Further, as per law, a person can be declared owner of the property on the ground of adverse possession if the other claimant of the said property not come forward to claim the ownership within a period of 12 years , and hence even on the ground of continuous occupation and possession of the said property since last 30 years , you have legal right over the property.
- Further, you have already the order from the collector then no need of worry , and you can start construction after taking approval from the competent authority.
1. You can verify and challenge the revenue records pertaining to the year 1990 only during the trial proceedings and not now on thee basis of notice.
2.The copies of the dismissal orders passed by the district collector and other documentary evidences in your support would be of immense help to challenge his case if he has once resorted to approach court.
You can discuss with your advocate and pass on suitable instructions to handle the case properly.
The claimant in the legal notice has to prove his claim by filing a title suit and obtaining a stay order
So long as any such suit is not filed, nothing stops you from commencing construction
Whenever any such suit is filed you can always that you are a bonafide purchaser value and had done all the required due diligence before purchasing the land
It is for the claimant to show and prove how he claims to be entitled to the property
You need to contest the suit on merits
Hello, thank you for your responses. Here is a chronology of owners 1989 first owner (supposed perpetrator) 1990 second owner (complainant) 2009 third owner 2010 fourth owner (hid information) 2021 fifth owner (myself) This is an agricultural land with no construction. However, there is a twist. 1. The documents in 1990 by second owner were registered offline and his name exists in offline government records. Unfortunately, the entire transition to online documents in Maharashtra was done only in 2002. The first owner in 1989 used this transition, and the fact that the second owner in 1990 did not have his name entered on 7/12 or mutations, as a loophole to sell the same land again in 2009 to a third owner, which got entered in online government records. 2. The third owner(2009) unaware about the second owner(1990), sold the land to a fourth owner in 2010. This transaction too was duly captured in online records. I, the fifth owner, bought the land in 2021 from fourth owner, who never told me about all the notices they had received or subsequent rejection of those appeals. 3. The second owner approached the fourth owner first time in 2012, claiming his rights via a notice. He sent subsequent notices too. The case was reviewed by sub-divisional officer twice in 2013 and 2018 and was rejected on the grounds that the complainant was absent from hearing. However the Nikalpatra says that the registered document complainant submitted while filing the case was potentially valid. I have never seen this document or established its authenticity. The complainant has now sent me a lawyer's notice, and is preparing to approach court of law ( not sub-divisional officer). 1. Is his claim still valid? If yes, how can I save my land? Not losing the land is my priority. 2. How can I safeguard myself from potential financial loss? 3. What can I do to win this potential lawsuit for good. Apologies for this long read trivia!
You can invoke indemnity clause in your sale deed against seller for any loss suffered by you
2) claim of second owner is valid but he ought to have take legal proceedings to set aside subsequent sale deeds
3) delay in filing civil suit would go against second owner
Dear Client,
The second owner's claim may still be valid, even though his name was not entered in the online government records. The fact that he has a registered document from 1990, which is before the transition to online records, could give him a strong case. However, the fact that he did not pursue his case in court after it was rejected by the sub-divisional officer twice could work against him.
If you want to save your land, you may need to file a lawsuit against the second owner. You will need to prove that you are the rightful owner of the land, and that the second owner's claim is invalid. You may also need to produce evidence that the second owner was aware of your ownership of the land when he sold it to the fourth owner.
To safeguard yourself from financial loss, you may want to consider getting title insurance. Title insurance can protect you from financial losses if someone else has a valid claim to your land.
To win the potential lawsuit, you will need to present a strong case. You will need to prove that you are the rightful owner of the land, and that the second owner's claim is invalid. You may also need to produce evidence that the second owner was aware of your ownership of the land when he sold it to the fourth owner.
1. The proeprty purchase by you is not valid legally, you have to rely upon your vendor's title, which of course is invalid because the person who sold this to him also had a defective title because of the fraud played by the original owner.
2. You can challenge the case to the extent possible or request for refund of your purchase amount from your vendor
. 3. You can discuss with your advocate for further strategies
Yes it’s valid
you need to approach court with a declaratory suit
1. Yes unless the claim is not rebutted by you. Document registered with registrar of properties is valid in law. Merely because entry was not made in govt record does not invalidate the registered document. Govt record can be rectified.
2. If you are made party then contest the case but if you are not party in origional suit then file application and become party and rebutt the claim. Being bona-fide owner you have right in the property.
3. Wining of case depend upon pleadings, evidences addicted and proper presentations.
1. Since, the second owner is the legal owner by way of a registered sale deed ,then he can take legal action after filing a declaration suit before the court
2. You can firstly lodge a complaint against the seller from whom you purchased the property for the office of cheating
- Further, after coming to know about the case of second owner , you can move an application for becoming the party in his suit
3. Perusal of all the documents needed for giving a perfect suggestion
