Regarding Double sale of Plot
Ratnakar Sapkal
(Querist) 16 October 2009
This query is : Resolved
I had Purchased a plot two years back, one month back I came to know that I purchased that plot which was already sold to some one. knowing this I got cancelled my sale deed & retransfer the right to same person who sold me plot. now two days back I Came to know that he again sold that plot to some one
so what will be conseqences if that person came to know he was cheated, Can he file Civil & criminal case on him and what will be the position of mine in this, can I also become a party to this, whether i will be liable to any civil or criminal proceedings.
adv. rajeev ( rajoo )
(Expert) 16 October 2009
first of all first who has purchased the property is the owner, but the venodr sold the same property to to another one, first purchaser will have to file suit for declaration and possession.
newly purchased person can file a civil and criminal case against the seller. no u cannot become a party to the legal proceedings, because u have retransferred the property to the owner by cancelling your sale deed. Dnt worry. Now it is the dispute between recently purchase owner and the seller.
adv. rajeev ( rajoo )
(Expert) 16 October 2009
first of all first who has purchased the property is the owner, but the venodr sold the same property to to another one, first purchaser will have to file suit for declaration and possession.
newly purchased person can file a civil and criminal case against the seller. no u cannot become a party to the legal proceedings, because u have retransferred the property to the owner by cancelling your sale deed. Dnt worry. Now it is the dispute between recently purchase owner and the seller.
joyce
(Expert) 16 October 2009
You are safe and out of topic. but certainly these type of people one or the other day becomes a offender and will suffer risk of criminal and civil conseqences. new vendee will come across with civil litigated problem when other new vendee borns.
n.k.sarin
(Expert) 17 October 2009
No I am not agree with the above view.Mr. Ratnakar your liability depends on the deed of transfer in witch terms and condition mention.If you transfer the property as a owner you are liable.
Guest
(Expert) 17 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE RESALE OF THE PROPERTY KINDLY NOTE THAT.
1.YOU WERE CHEATED BY THE PERSON WHO SOLD THE SAME PROPERTY TO YOU AGAIN KNOWING IT TO BE ALREADY SOLD.
2.THOUGH YOU HAVE CANCELLED THE SAID TRANSACTION AND YOU CAME TO KNOW THAT THE SAME PROPERTY IS SOLD TO ANOTHER PERSON , YOU MAY FILE A CRIMINAL CASE AT CHIEF JUDICIAL MAGISTRATES COURT UNDER SECTION
420 AND FOR PUNISHMENT UNDER OTHER PROVISIONS OF I.P.C. THIS WILL SAFE GUARD YOU AND WILL BE A PROOF FOR FUTURE LITIGATIONS.
3.THOUGH YOUR POSITION IS SAFE BUT KINDLY NOTE THAT PRECAUTION IS ALWAYS BETTER THAN CURE HENCE FOLLOW THE INSTRUCTIONS SO THAT THE SAID PERSON WILL NOT SELL THE SAME PROPERTY TO ANY OTHER INNOCENT PERSON.
4.YOU MAY ALSO FILE A CIVIL SUIT FOR COST AND COMPENSATION AND FOR MENTAL TORTURE HARASSMENT AND FOR DAMAGES DUE TO THE SAID RESALE OF SAME PROPERTY AND SUBSEQUENT CANCELLATION OF SALE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCEELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
n.k.sarin
(Expert) 17 October 2009
One thing which is most important Mr. Ratnakar already transfer the said plot to the seller as owner.Now every thing is depends on the terms and condition of the transfer deed.
Raj Kumar Makkad
(Expert) 17 October 2009
I think you want to confine to the consequences of latest sale and your liability accordingly. I have a definite answer that you are nowhere in the picture.
Sachin Bhatia
(Expert) 17 October 2009
I agreed with the opinion of Mr.Rajeev
