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Uday Kumar (Lawyer)     02 July 2018

Validity of sale deed registered without possession of land

Dear Sirs, I have a case where A person A had a registered Sale Deed however does not have any physical possession, Now A has executed the sale Deed to B without possession and even B is always that sale deed executed without any land however now claiming my land under registered sale deed duly bounded, as his land and B is creating problem ....Kindly advise validity of such Sale Deed without any land in possession and right of the B holder of sale Deed. Please advise


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 3 Replies

Raghav Arora   02 July 2018

 

Hi! Thanks for the question!

The matter will depend on whether the property actually belonged to you or not, who is the actual owner of the property, what is your status? If the property is not yours, then how long have you been in possession of the property in question!

If the property has been sold by the actual owner to A, and B has sold it to B,  then there is no illegality, even if he does'nt have the possession. 

If he is not the actual owner, then it is a fraud. If you are an owner then you can challenge his sale deed with the actual papers and get a stay from the court on his actions. 

If you are a tenant, then B has the right to get you evicted off the property through court's order. The fight is b/w the actual owner and B. 

The information is very less and thus these ar the possibilities i could express. Please disclose complete information for more certain advice.

Good Luck!

 

Uday Kumar (Lawyer)     02 July 2018

hello, i am owner and in physical possession since 20 years and even recorded bhumidar, having registered sale deed in my favour, this might be the case of adverse possession. however my specific queries are in regards to the sale deed executed by A in favour of B knowingly that there is no land in the area, i have already filed suit for cancelation of sale deed... mean time, i am looking from criminal angle as to how a sale deed could be registered with wrong declarations and without possessions, i saw a case in haryana without land for which even fir got registered. pls advise

Uday Kumar (Lawyer)     02 July 2018

hello, i am owner and in physical possession since 20 years and even recorded bhumidar, having registered sale deed in my favour, this might be the case of adverse possession. however my specific queries are in regards to the sale deed executed by A in favour of B knowingly that there is no land in the area, i have already filed suit for cancelation of sale deed... mean time, i am looking from criminal angle as to how a sale deed could be registered with wrong declarations and without possessions, i saw a case in haryana without land for which even fir got registered. pls advise

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