Civil Dispute
3 years ago
Hi Team.
My mother has purchased a land 60 40 site in Bangalore during 94, now the land is being registered with some other person and they have encroached and stating that the seller who has sold the property to my mom has sold to different people. But all documents are with us till date.
A.Hi,
File a suit for declaration of title in civil Court. Provide proof of ownership and then file a suit for eviction of the encroachers.
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File a suit for declaration of title in civil Court. Provide proof of ownership and then file a suit for eviction of the encroachers.
If you found this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hai,
Your agreement with the landowner must have indemnity clause wherein seller indemnifies you against claim made in respect of said plot. Under section 55 of the Transfer of Property act, in the sale made by the seller to the buyer, there is always an implied warranty that the seller would make good title. So you can file a suit to recover the money paid by you with interest as title of seller is defective.
Your agreement with the landowner must have indemnity clause wherein seller indemnifies you against claim made in respect of said plot. Under section 55 of the Transfer of Property act, in the sale made by the seller to the buyer, there is always an implied warranty that the seller would make good title. So you can file a suit to recover the money paid by you with interest as title of seller is defective.
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