(Querist) 30 October 2013
This query is : Resolved
I purchased a open housing plot in the year 2001, I checked the encumberence certificate yesterday in online, surprisingly the same plot was registered to another person in the year 2003, the first registration is mine so what action I have to take, do I have to go to the court first or wait till that person interfere my position. Please suggest me in this matter.
(Querist) 31 October 2013
Thank You all for the suggestions, is there any other way to cancel the second registration because it is not my fault and why should i suffer, it will be costing more for court fees and also time, so kindly suggest me the cheapest way. As I am the first registered person don't the registrar recognize the first document and cancel the second document at the registration office it self, I am really shocked and confused with this please advise me the correct procedure.
(Expert) 31 October 2013
only the executant has right to cancel the registration deed wherever you are the first claimant you collect the certify copy of second registered deed and file a case against the executant.
(Querist) 01 November 2013
Thanks Abdul, but the executant died in 2005. I thought of filing a criminal case on the executant but I learned that he died in 2005.
(Expert) 02 November 2013
If you want to solve the problem in cheapest way, send letters (by Regd post) to (1)Sub registrar office, where the second sale deed was registered to cancel the sale deed and (2)the Municipal authorities not to mutate the name by enclosing the relavant copies of earlier sale deed and the second sale deed and keep the Acknowledgements of the registered post with you safe which will be useful to you in future when you file a case if necessary.
Alternatively you can file a criminal case against the second purchaser stating that he is well aware of the first sale deed and he intentionally purchased the plot to defraud and cheat you. Under pressure he himself may cancel the second sale deed. Since the executant died, there is no question of filing criminal case against the dead person.