A person had 3 sons and had a only picece of land of 1.21 acres of in village X, He died in 1975 and the three sons did not do partiton and very enjoying possesion on land divided by the governamnet in UDR survey 1980 and issued patta based on their respective names based on their possession. so according UDR survey 1980 SON A was alloted 42 cents SON B was alloted 32 cents SON C was alloted 47 cents SON B and SON C sold their respective shares to a person called venkatesh in 2015 In 2020 the SON A files case on SON B, SON C and venktesh saying that the land was not partioned in VILLAGE X and also on some lands in VIILLAGE Y asking the court to make the deed executed on 2015 as invalid I am confident that venkatesh can win this case because SON A got 42 cents which is greater than the average 40 cents he can get in the court as 1/3rd share, Now my question is 1) can i purchased the land from venkstesh in whcih both SON B and SON C have sold to him. 2) will my sale deed be valid since its already in a case, Since SON A cannot win this case in this particular land in VILLAGE X but can win in other lands in VILLAGE Y plz suggest thanks
1. Since the property matter is in Court, please don't hurry to buy as it will be subjudice.
2. Sale Deed in your favour will not be valid as there's an ongoing dispute with the land and it will be contempt of court. The jurisdictional Sub Registrar's Office will not allow registration of property if there's a case going on in the Court.
The sale deed can be done since I have checked up with the sub register office.
You please checkup once again directly with the Sub Registrar. The office will be maintaining a register in which the property is under dispute with Court case can't be registered.
1. If there is a litigation pending then what is your hurry to buy this litigated proeprty.
If there was no proper partition among the sons, then the court may reopen the case and may redo the partition as per law because the division according to UDR is not legally valid.
2. You do not be over confident that the purchaser can win the case, he is just a purchaser, in case of pressure the other two brothers will remain exparte then the buyer canot challenge the partition or the allegations made by the plaintiff, then the case may be decided in favor of the plaintiff.
The sub registrar is not he authority.
As the matter has been referred to court and the case is pending , it is not advisable to buy the property under litigation.
You can purchase the land from Venkatesh
2) I presume there is no stay order passed by court restraining sale of land by V
3) your purchase would be subject to out come of suit .if court decides against B and C then sale would be set aside
In sale deed there should be indemnity clause wherein seller indemnifies you in case of third party claims
If title is fishy and doubtful don’t buy the same
1. If the case is pending before the court then you should avoid till the time of disposal of the case
- If the case will re-open or the court pass an Injunction order then you will be also affected
2. Yes, sale deed can be cancelled by the order of the court ,hence there may be trouble to you
- Hence, you should wait for the outcome of the case
