Whether there is warranty of title for a Court Sale or not ?
1 Reply
RUDRESH6 Jan 2010, 02:35
There is nothing like warranty of title for a court sale. The sale of immovable property by the courts are made under s. 65 of the CPC which says that where such property is sold in execution of a decree and such sale has become absolute, the property SHALL be deemed to have vested in the purchaser from the time when the property is sold.
However, it is also correct that if the title of the property is defective, the said defect will travel with all sales, including a court sale. Having said that, if the person who benefits from such a defect does not approach the court for correction, that too well in time, the sale will become absolute de jure. The law is very clear that it does not help a person who sleeps on his rights.
1 Reply
There is nothing like warranty of title for a court sale. The sale of immovable property by the courts are made under s. 65 of the CPC which says that where such property is sold in execution of a decree and such sale has become absolute, the property SHALL be deemed to have vested in the purchaser from the time when the property is sold.
However, it is also correct that if the title of the property is defective, the said defect will travel with all sales, including a court sale. Having said that, if the person who benefits from such a defect does not approach the court for correction, that too well in time, the sale will become absolute de jure. The law is very clear that it does not help a person who sleeps on his rights.