Double registration of open plot

This query is : Resolved 
 

(Querist)
17 February 2020

I purchased a open plot in 2005 far outside the city as an investment. Now decided to dispose it out, in the process yesterday (16/Feb/2020 ), we got to know that the Original seller resold the same piece of land to another party in 2008. So, digging further found on the website that the Property is indeed registered in another parties name in 2008. The Original Seller seems to have been a big fraud as he seems to have duped lot of people like this, even that we got to know only yesterday ( 16th Feb), and he is now absconding as he is wanted by law.
We do not know who the second party is or have any details to them.

The Telangana State Land Records clearly show the property in my name registered in 2005 and then in another parties name in 2008.

I want to dispose the property.
There is a party, who is aware of this double registration and still willing to buy the property. They are locals from that place and seem to be dealing and buying land in that very property. They are the one's who have document to all the plots in that property and THREW LIGHT ON THE DOUBLE REGISTRATION.

So what would be the best course to follow.

Please advise.

Thanks & Regards
Praveen M


kavksatyanarayana (Expert)
17 February 2020

Though your name is in Land Records, you have to give a public notice through largest circulated News papers one in English and another in state language regarding the proposed sale of the property to avoid legal complications.

Sourav Das (Expert)
17 February 2020

You do not need to do anything, your title is perfect.
Let the 2nd buyer go to court. Then you can defend your case.

Praveen M (Querist)
17 February 2020

Thank you Kavksatyanarayana and Sourav Das for your help.

Raj Kumar Makkad (Expert)
17 February 2020

The legal recourse surely take a time to settle the things so if you are in urgent need of money then better to sale the plot to the desirous party otherwise better to get the subsequent sale-deed set aside through competent court of law.

Raj Kumar Makkad (Expert)
17 February 2020

It is additionally surprising to know that the said plot was further sold by your seller despite of entry of mutation in your name. If this is true ( which seems difficult especially if mutation stands entered in your name) then a criminal case (police case) can also be filed against all erring persons including the revenue officials.

Praveen M (Querist)
18 February 2020

Thank you Raj Kumar Makkad ji. Appreciate your help.

How much time could having the second sale set aside by court through legal proceeding take ?
Also, is it worth going that route, as the land records clearly have the FIRST SALE in my name.

In case i sell the property could there be implications or trouble later, though i am in the RIGHT.
Irony of todays world is the people who are in the RIGHT are made to suffer... lol

Raj Kumar Makkad (Expert)
18 February 2020

This is unfortunate that the people on the right path have also to prove before law about their rightness.

Anyway, a period of 25 years may take place for getting the subsequent sale-deed set aside which requires not only patiene but also time and energy like money etc.

Praveen M (Querist)
18 February 2020

Thank you very much Raj Kumar Makkad ji. Appreciate your help.

I think i will discuss with the party interested in buying the property and dispose it of, 25+ years is a very short time to wait for justice...lol, especially when we have not done anything wrong.

Thank you once again.

Raj Kumar Makkad (Expert)
18 February 2020

Make correction please. It was 2 to 5 years and not 25 years.

Raj Kumar Makkad (Expert)
18 February 2020

It is your independent decision in which direction to go after considering all the concerned facts.

bhagwat patil (Expert)
18 February 2020

The second sale is null and void .If purchaser is ready you better mention in sale deed that another psudo document is also registered regarding this property and purchaser is very aware of the fact ,do in future the purchaser cannot make claim that I was not aware and seller fraudulently sold me property and sue you.

Praveen M (Querist)
18 February 2020

Thank you Raj Kumar Makkad ji.

2 to 5 years sounds a great relief :-).

Praveen M (Querist)
18 February 2020

Thank you Bhagwat Patil ji.
Yes i was considering having the buyer sign on the photocopy of the Second (pdeudo ) sale deed. Funny enough he has copies of all the sale deeds of the plots in that property.
So, yes will either do that or clearly mention a clause in the sale saying the Buyer was/is fully aware of the second registration and will not come back to me with any claims in the future.

Thank you.

Raj Kumar Makkad (Expert)
18 February 2020

Each and every terms and conditions if already got cleared to the subsequent buyer and moreover in writing shall definitely save you from any or all coming consequences, if any. Otherwise also the proposed buyer is already aware of the facts and is ready to handle at his own and he might be purchasing the property on concessional rates due to that reason compared to the market rates.

Praveen M (Querist)
18 February 2020

Thank you Raj Kumar Makkad ji.
I will meet this prospective buyer in the next couple of days or weeks and figure out what to do next after a discussion with him.

Will keep you posted.

Once again thanks a lot for your patient replies and help. Appreciate it.

Raj Kumar Makkad (Expert)
19 February 2020

You are always welcome Praveen M.

P. Venu (Expert)
22 February 2020

Who is in possession/occupation of the property.

T. Kalaiselvan, Advocate (Expert)
23 February 2020

Even though the vendor sold this property subsequently to a third party, since you are the first purchaser and have the registered title deed on your name including the revenue records standing on yor name, you may better sell the proeprty to the prospective buyer who has volunteered to buy this property.
This is going to be a legal headache since the seller was a fraud and had indulged in such illegal activities, the subsequent buyers shall go to court, hence before they are rushing to court and obtain a stay order against your selling, it would be better that you dispose the proeprty when it is free from any litigation.

Praveen M (Querist)
29 February 2020

Venu ji
It is an open plot, so there is no possesion/occupation of property of any sort.

Praveen M (Querist)
29 February 2020

Thank you Kalaiselvan ji.

T. Kalaiselvan, Advocate (Expert)
01 March 2020

You are welcome for your appreciations Mr. Praveen.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now











×

  LAWyersclubindia Menu