Defendant status post cancellation of sale deed

This query is : Resolved 
 


Querist : Anonymous (Querist)
16 November 2020

Property was on the name of uncle of plaintiff as karta but agreed orally as belong to family and all property were in his name as karta. Family members of plaintiff dispossessed him forcibly from premises for refusing to sell premises to Mr. A and sold property to Mr. A by showing it as sole property of uncle of plaintiff. Documents of property does not exist. Plaintiff was in settled possession for more than 12 yrs and When plaintiff will prove that transfer of title in favour of Mr. A is illegal (based on entry in revenue record and document in support for claim of sole ownership does not exist) and if court accepted it then after cancellation of sale deed in favour of Mr. A, what will be the status of Mr. A who is in possession of property?

Transfer is by way of unregistered sale deed.

My request is that I want the clarification about trespasser.
In my opinion after cancellation of sale deed status of Mr. A will be that of trespasser as without title but in possession of property.

And then plaintiff will have better title than Mr. A based on previous possesion and plaintiff will get possession without declaration of his title (even if plaintiff fail to prove his title as property is mutated in the name of uncle of plaintiff and no clear documentary proof available in support of plaintiff title also.

Hence kindly clarify with legal principles. Kindly correct me if my assumption in bracket is wrong.

Thank you.


Advocate Bhartesh goyalOnline (Expert)
16 November 2020

Property transferred to " A " through unregistered sale deed which does not confer
ownership title as per provisions of Registration Act, registrationn of sale deed is essential .In such scenario ' A ' shall be treated as trespasser.


Querist : Anonymous (Querist)
16 November 2020

Thank you for the reply.

But this is not ownership property it is tenancy property. Ownership of flat is with state housing authority which gives tenancy right to the person who purchase flat from earlier tenant.

Inspite of unregistered sale deed and inspite of knowledge of proceeding under section 145crpc in respect of flat, the housing authority in collusion with Mr. A transferred the tenancy right in favour of Mr. A without any required documents of title (they does not exist) and after transferring tenancy right in favour of Mr. A illegally & misplaced record file and for which F. I. R. is ordered and housing authority did not file written statement to support their act of transfer of tenancy in favour of Mr. A because it is illegal. Housing authority told the court that whatever court will decide is acceptable to them.

So still the Mr. A will be treated as trespasser?

Thank you.

Isaac GabrielOnline (Expert)
16 November 2020

In this,as well as most of the leasehold properties, the housing board will issue document only to the original alottee.Though the property were interchanged without registration it amounts to tresspass.and A.has no exception..


Querist : Anonymous (Querist)
16 November 2020

Thank you for the reply.

Rajendra K Goyal Online (Expert)
17 November 2020

No advice possible without referring full case file, please discuss with local lawyer.

P. Venu Online (Expert)
17 November 2020

The posting is providing confusion than facts.


Querist : Anonymous (Querist)
17 November 2020

Thank you for the reply.


Rajendra K Goyal Online (Expert)
27 November 2020

Nothing more to add, may be treated as resolved.



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


Click here to login now











×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x