Land purchased during dispute
2 weeks ago
Hi sir, Iam keerti. I have purchased land in 2021 july, from a person (B) , but that land belongs to a converted Christian (A) (sc) ( but i don't know whether he has sc in his caste certificate or not) , and it is inam land, but inam abolished in 2007. This sc(A) person made sale agreement on this land with some (X) in 2010, no witness is there, at that time land didn't partitioned , land is not on his(A) name, land has came to his authority only on 2012 after family partition deed, in 2013 X sent notice to A but he didn't replied, after that he (A) sold this land to Mr ( B ) on dec 2015, then ( X ) filed a suit in jan 2016 that A is violating sale agreement which is in made in 2010. A and B facing that issue and they sold to me this land 2021 hiding this suit, (A and his family were witness of our registration) , I thoroughly checked the records and taken loan on this land, I got notice on June 2023, to join as D3. Now I came to know that this D1 ( A) sated and defending as he is sc (PTCL act) and that land is inam land (inam land act 1978)so that he cannot register that land , that registration can be cancel, and we (A and B) have mutual understanding and we made agreement that whenever he (A) gives debt amount to B within 3 years then he (B)has to re register that land to (A) . ( But that land is in our possession ) , So I came to know that this A is fraud , trying to cheat us and cancel our registration to get back his land. So please help me and tell what will happen to me
Failing to verify the free-hold status and encumbrance of a property before purchase can lead to significant consequences. Court searching, a common process conducted by prospective buyers to verify property status, is essential. In this situation, besides filing a criminal suit against the responsible parties for cheating and withholding crucial information, you can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963. This suit seeks an injunction under Order 39 Rule 1 & 2 CPC and Section 151 of CPC, urging the court to exercise its inherent power for justice. It is advisable to include the concerned lender or bank as a defendant party, as they approved a loan against a disputed property and share responsibility for any resulting deficiencies.
Since you are a bonafide purchaser and purchased by paying the amount. If there is any dispute regarding share of other siblings of your vendor then they have to claim a share in the amount paid by you but not the property which you are in possession.
Unfortunately, you make a blunder buying a property without verifying its free-hold status and encumbrance from the authentic sources that make you liable to face all these ordeal and consequences. Court searching is a process that is commonly carried out by a prospective Buyer to verify the status of the property before entering into a deal with any property. However, in the given situation, apart from the filing of a criminal suit against the concerned persons for cheating and suppression of material facts you can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice impleading the concerned lender/Bank as a defendant party to the suit who approved the loan against a disputed land and equally responsible to face the consequences for the deficiency on their part. Reach out to an Advocate experienced in property matters for guidance and steps..
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