naresh (engineer) 29 September 2012

Double registration

sir this is naresh i have plot in alwal where i build a house in the year 2007 by taking all the required permissions when my house construction was almost completed a person came to me saying that this land was mine after seeing his registration papers i noticed that the same land was registered to him before i was registerd then i came to an agreement with him in 2008 for taking that land where i build my house for rupees 1,60,000. and i gave him a cheque of 80000 and he gave me his entire xerox documents to me i noticed that his papers were not correct so i gave a letter to bank manager to stop him the payment for the cheque and after 3 years i.e in the year 2011 he sent me a notice and i replied that notice he dint reply me again and recently a month ago he went to that house and asked tents there that who is living in the first floor etc .
sir i want your suggestion regarding
1)how to solve this problem ?

2) when i want to sell this property will it create any problem for me ?

3)if suppose he win the case should i pay the money ant present market rate or i should pay the money as per the agreement made on that day ?

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7 Replies

Gopikrishna Kalyanam (Lawyer) 30 September 2012

Dear Naresh,

Greetings. A complaint with the Police would be good. You should also engage a lawyer to file a suit for declaration of title along with appropriate injunction petitions.

Best Wishes

naresh (engineer) 30 September 2012

sir thanks for your valuble suggestion....sir i want to know one more thing if suppose he wins the case in the court then should i pay the money at present market rate or i should pay the money to which agreement was made on that day

Baskar Govindaraj (advocate) 30 September 2012

Don't Worry Mr. Naresh and Im sure that he cannot win the suit, If he will win that the immediately you can file the appeal so dont bother about that

Gopikrishna Kalyanam (Lawyer) 01 October 2012

Dear Sri. Naresh,

Does the said person have a locus standi to claim title? You have mentioned that his documents were not correct. Did you file and obtain and Encumbrance Certificate prior to purchase of the land?

Best Wishes

1 Like

Y V Vishweshwar Rao (Advocate ) 01 October 2012

It is required to Verify your Regd Sale deed & date and Regd Sale deed & date of other Party . Your /or/ other party Regd Sale Deed/ is earlier , from the Original Owners is also required to be verified . Both the sale Deeds are form the same Vendor is to be cosnidered . who is the person with title to transfer the Plot is required to be verified . it is requried to contact local Advocate and discuss with him- with documents and all details - to have a clarity in thsi regard .

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naresh (engineer) 01 October 2012

no sir the person doesn't have locus standi .
the person is not approching us even after 6 years of agreement so do he have right to claim in the future ?

does this matter create a problem for me while selling the property ?

sir i am thinking not to take any legal step at present since land was in our position and i am thinking to procced for legal action if he take any legal step is it a good opinion or i should go for legal process

Gopikrishna Kalyanam (Lawyer) 01 October 2012

Dear Sri. Naresh,

Did you verify the Encumbrance for the property prior to the purchase. Did this person's name appear at all in any manner in the Encumbrance Certificate. Did you enter into the agreement with him just because he produced some documents? Did you cross check his claim and the EC. Does your agreement with the said person, have a time binding clause?