We are considering an apartment but the land titles doesn't look clear. Original owner has sold the property to 2 parties in 1968 splitting the land into 2 parts. The same original owner has sold the same property again to another 3rd party in 1971. From 1971 to till date the property is in the 3 owner name and has now entered into JD with a builder to construct an apartment. There is no sale deed cancellation available for first sale. Build claims that first sale owners had verbally relinquished the ownership and there was some mutual agreement at that time. There has been no title contest from 1971 from first sale owners or their heirs till now. Can the first sale owners or their heirs contest the second sale? As this has happening in 1971, can they still start the court dispute? Is it safe to buy a flat here?
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Don’t buy the flat as tithe is not clear and marketable
2) unless and until original sale deed is set aside plot could not have been sold to third party
3) there is no verbal relinquishment
4) although claim appears to be barred by limitation better avoid purchasing flat
The first owner can file a land dispute cae any moment, they may be waiting for the buyers to occupy in order to drag them to court with civil dispute.
Besides the encumbrance in the property in the name of the first owners is not yet cleared hence it will be permanent obstacle until and unless it is removed.
Therefore you may better keep away or obtain a legal opinion from an expert lawyer in the ,local and proceed only if recommended
1. It's barred by limitation. The heirs of first sale owners or their legal heirs should have challenged the second sale deed within 3 years.
2. Even if they start the Court dispute, it's likely to be quashed.
3. However get the property papers evaluated by any Lawyer before proceeding further.
- As per law , a Relinquishment deed must be registered , and an oral agreement is not valid for releasing the share in the property.
- Hence, the legal heirs of the First party can claim his share after filing a suit before the court , and further the purchaser will be dragged into the case
- Hence, the title is not clear , and hence not suggested to purchase the same.
Only a illegal sale agreement can be contested.
Dear client Typically, the concept of a "limitation period" applies to property disputes. If the first sale occurred in 1968 and there has been no challenge or legal action taken against it for several decades, it's possible that any time limit for challenging the sale may have expired. However, laws can vary, and there might be exceptions or circumstances that extend this time frame.
