Brajesh Nandan 28 November 2017

Property sold to multiple buyers

Hello all, I bought a property in Patna in the month of Feb 2016 and the deed was also executed via a registered agreement. However, in Nov 2016 the builder went underground and the property was still under construction. Also, post that it also came to light that another person is claiming that he was also sold the same flat and he provided a aggrement on a Rs 1000 stamp paper which is not registered. It seems that he is the raw material supplier and is illegally claiming the ownership. Please advise if that second person has any substantial claim on the proprty or not and how can proceed in this case.

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3 Replies

Atul Kumar (Corporate Lawyer) 28 November 2017

As per law, immovable property can transferrred by registered deed only. Thie deed should be registred in the office of sub regsitrar and stamp duty be paid. Since you have the registered deed in your favour, you are the real owner.

Ankit Verma (Lawyer) 28 November 2017

Sale deed can never be executed via registered agreement , it can be only registered in the office of sub-registrar where both the parties are present and 2 witnesses.

If there is only registered agreement you have, then first file a criminal complaint against the builder of cheating, fraud at your nearest police station, after F.I.R lodged file a civil case of suit for recovery of money.

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If you have executed the sale deed then file a criminal complaint against the builder at your nearest police station lodged the f.i.r after then file a civil case of Specific Performance.

SHIRISH PAWAR, 7738990900 (Advocate) 29 November 2017

The second person will not have any claim over the property. Your builder has commited offence for which you can file complaint in local police station and also approach consumer forum. Please appoint advocate.