Legal Question in Real Estate Law in India
sale set aside
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.Where should I apply? How should i approach the registrar office? should I pay any registration fee? should i go through court or shall i just produce the judgement copy to the registrar office for facilitation the change of the property to my name. I am very confused. Kindly help me out
3 Answers from Attorneys
Re: sale set aside
the name in the the EC does not make the person the owner of the property! don't worry about the EC!
only if there is a registeration it would be shown in the EC. the registrar will not register the judgment copy.
may be if you make a settlement or your sister make a relinquishement deed in you or your mother's name then the document will show you/your mother as the owner!
Re: sale set aside
To get the record corrected to your name, just make an application along with the certified copy of the judgement of the High Court to the registering authority or the authority who is mutating the names of the recorded owners and make a prayer to correct the record in your name (since your father is dead)as per the order of the High Court. Do not forget to check whether the debtors have preferred appeal in the Supreme Court.
Re: sale set aside
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.
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