Innocent Purchaser - UNIQUELY LEGAL

WHAT TO DO IF YOU FIND OUT THAT THE PROPERTY YOU PURCHASED WAS ALREADY MORTGAGED TO SOMEONE ELSE: THAT’S WHAT THE ALLAHABAD HIGH COURT EXPLAINED IN “JUGUL KISHORE VS BANWARI LAL AND ORS.”

4 Comments / Innocent Purchaser, PROPERTY DISPUTES / By uniquelylegal

If in a Sale Deed it is written that the property is sold on “as is where is”, “as is where is” or “whatever there is” basis you should avoid buying it.

IF A PURHCASER/AUCTION PURCHASER NEGLECTS TO VERIFY THE ANTECEDENTS OF THE PROPERTY, LIKE A PRIOR MORTGAGE, CHARGE OR TENANT LIVING IN THE PURCHASED PROPERTY, THEN HE HAVE TO PAY FOR THESE LIABILITIES OUT OF HIS OWN POCKET: THAT’S WHAT CALCUTTA HIGH COURT HELD IN “JNANENDRA NATH ROY V/S SHASHI MUKHI DEBYA”

Charge is entirely different from the a mortgage defined under Section 58 of Transfer of Property Act, 1882. If a mortgage (colloquially called “Girwi rakhna” in North India) of Rs.100 remains unpaid to the Mortgagee (the person who gives the loan on the security of the property) and the Mortgagee brings a suit for Foreclosure and Sale of the property whereby the property is sold for Rs.60 then the Auction Purchaser have to just pay the bidding amount to the Mortgagee and nothing more.

EVEN IF YOU PURCHASE A PROPERTY UNDER THE INNOCENT BELIEF THAT SELLER IS THE OWNER OF THE PROPERTY, THOUGH HE IS NOT, YOU ARE ENTITLED TO GET THE PROPERTY BACK IF THE SELLER BECOMES OWNER AT A LATER DATE: THAT’S WHAT SUPREME COURT HELD IN “JUMMA MASJID, MERCARA VS KODIMANIANDRA DEVIAH”(PART-II)

Leave a Comment / Innocent Purchaser, PROPERTY DISPUTES / By uniquelylegal

P being his only son becomes owner of the Bungalow as per Section 8 of Hindu Succession Act. Now Section 43 comes into picture and W can ask the Court to force P to transfer the Bungalow in his name. This is the true interpretation of Section 43.

EVEN IF YOU PURCHASE A PROPERTY UNDER THE INNOCENT BELIEF THAT SELLER IS THE OWNER OF THE PROPERTY, THOUGH HE IS NOT, YOU ARE ENTITLED TO GET THE PROPERTY BACK IF THE SELLER BECOMES OWNER AT A LATER DATE: THAT’S WHAT SUPREME COURT HELD IN “JUMMA MASJID, MERCARA VS KODIMANIANDRA DEVIAH”(PART-I)

Leave a Comment / Innocent Purchaser, PROPERTY DISPUTES, Uncategorized / By uniquelylegal

In these articles we will understand the meaning of the terms like Issueless, Spes Successionis, Absolute Owner of a Property, Life Interest Holder in a Property, Mutation. Also we will know about the rights of a widow without children before Hindu Succession Act and afterwards i.e. today, who is an absolute owner and who is a life interest holder, what is a Separate Property of a person.