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Dear Client,
Transaction of properties under litigation can lead to severe consequences that may include financial loss, prolonged legal disputes, violation of Court's order etc. amongst others. Before buying a property, it is usually recommended that you collect the title report or title searching report of the property for the last 30 years. A property with clear documentation and title commands a higher price in the market compared to one with a defective title. Selling a property under litigation can be considered fraud, leading to potential criminal charges under sections 318(cheating & fraud), 45(abatement/concealment of material facts) of Bharitiya Naya Sanhita, 2023. You can also sue the seller for damages, specific performance, or rescission of the contract. You can file a civil suit seeking injunction to prevent the seller from further selling or transferring the property. You must gather evidence of the seller's fraudulent actions and misrepresentation to support their claims in court. In the given scenario, it is recommended to consult a lawyer specializing in property law is crucial to understand the specific remedies available and to pursue appropriate legal action to navigate the matter legally and effectively.
Posted On 28-Jul-2025
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