Legal Question in Real Estate Law in India
Raja
My father has some debtors. He died without any payments to them. So they filed a suit against us and made an attachment our house. Accidentally one of debtors got decreed and made and EP and got the property auctioned. this happened without our knowlege. The buyer ( in auction ) got the house registered in his name. So I filed case against him in district court. I lost the case. I appealed for high court where I won the case and the sale was set aside. But now in register office the EC of the house will be in his name. How to get it transfered to my father's name again so that I can get the mutation done. Kindly help me.
4 Answers from Attorneys
Re: Raja
encumbrance certificate would show only if there is any registration done in that particular property!
get the copy of the judgement and have it along with the other documents of the property! that is more than enough!
only in union territory of pondicherry there can be change in the EC after there is a litigation in court- every property in litigation is entered in the register office! - it is not so in other places.
Re: Raja
you said u won the case in HC against the buyer. On the basis of the HC order the deed in his favour stand cancelled and property is back. Just apply with a copy of the order.
Re: Raja
You will have to move the court to execute the order, the court has to give an order to the effect to register that the earlier sale deed is cancelled, but please wait till the limitation period is over then you can apply for the order from the court, once the sale deed is cancelled in sub-registrar's office you can go to the municipal authorities to change the khatha in the old name and ask for transfer of the same in your name since your father is no more.
regards.
B.Balasubramanya.
Re: Raja
Apply with certified copy of the order of the High Court to Revenue and Municipal Authorities concerned. In the Registrar office you can register certified copy of order of the High Court by annexing the same to a Memorandum or Declaration