We are planning to buy a land on which we are living from last 60years. Our family was tenant there, then in 1967,Landlord made a will & distributed his property among his childrens. We are residing on a plot 5/10, whose owner is Kumari Aruna,which was sold by her sister Meena by attorny chandrrakant(Their brother) in 1989 to Mr. Naidu without any document from their sister aruna(Died in 1987). They didn't even give any notice to us.nor informed us about this transaction.
Now, the recent owner Mr. Naidu wants to sell the property to us & we are still residing in same position & possession. Some neighbours forcefully captured some land from us stating that we have no legal document to stop them. What we do now please guide us. Mrs. Aruna's Legal heirs lives in London & we tried to contact them for NOC through Mr. Nitin(Aruna's second brother),but he is saying that do an agreement with us & purchase the property from us.
Kindly guide us in the matter as what are our rights. We want to buy the property with full genuiness & procedures so that no harm will ever be done against us. Mr. Naidu Didn't have any document except registered saledeed & mutation order dated sep2014.
Asked in Property Law from Jabalpur, Madhya Pradesh
Hi, As per law if the sale deed was executed in favour of Mr. Naidu then he become the absolute owner of the property provided whether person who sold the land valid title or not it can be seen through documents only.
2. It is better contact advocate and get opinion from him and proceed further.
1) if Aruna was owner of the property as per her deceased father will her sister could not have sold the land to mr Naidu unless Aruna had executed POA in her favour authorising her sister to sell the land
2) title of Naidu is not clear and marketable
3) purchase land only from Aruna legal heirs
4) contact a local lawyer
You are presently only tenants in the property which you wish to purchase. As tenants you have the right to maintain a suit for recovery of possession of the property wherein you have been inducted as tenants. So the remedy is to file a suit against the trespassers to evict them from the land. This remedy can be availed without any cooperation from the legal heirs of the owner and also without purchasing the property. It is advisable to purchase the property only after the trespassers have been evicted.
You are a tenant and you have your tenancy rights protected by law.
The new owner cannot evict you other than by due process of law.
You may file an injunction suit against him to not dispossess you by any means other than by due process of law.
If you would like to buy this property, you may enter into sale agreement however, you should ask your vendor to clear the title from the other person's name unto himself.
If the papers are genuine and you dont expect any problem in the later stage, you may proceed with the purchase.
Sir,Mr.naidu isn't interested in clearing his title,he said these are the only papers I have.he has registry with khasra p-1 I.e. diversion khasra. But bank isn't giving us loan for it due to title isn't clear yet. Trespassers here trying to force him to give the property to them with only papers Mr.naidu have. One of the trespasser have strong connection in police as there son-in-law is d.s.p. Mr.naidu told us to purchase the land and clean the trespasser yourself and offered the price half of the govt rate here. Should we buy it or contact legal heirs of Mrs aruna? Also can we file civil suit by adverse possession law?? We have told them to cut the price half further so that we can give half price to Aruna's legal heirs??what should be the appropriate step now for us??? We are confused to where should we go??? Please guide us & answer is immediately ???
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Asked 1 year ago
1) Don't purchase the property as title is not clear and marketable
2) you will spend number of years in running around courts in case Aruna legal heirs move court to set aside sale made by her sister in favour of Naidu
3) further there are number of trespassers on land
Adverse possession is not available to a tenant. As I said before, file a suit for eviction against trespassers.
This situation can be dealt only after ascertaining the facts and practical issues of the prevailing circumstances.
There appears no proper procedures have been followed by anyone, whether the seller or the buyer. Nobody is having any respect for the law of the land in this regard.
This carelessness and callousness can create havoc and irreparable loss to the law abiding citizen if he/she is not taking care about the law involved in it at this stage itself.
You being a tenant shall remain a tenant always and cannot perfect the title by operating the law of adverse possession.
It is always better to take an opinion from a local advocate before purchase by apprising him the entire details.