X party decree of plot

Sandeep (Querist) 23 October 2015 This query is : Resolved
This Plot was in the name of A. A sold this to B and B sold it to me i.e. C.
I i.e. 'C' bought a plot through Loan. So Bank Panel Advocate has given clearance also on the survey reports against this plot. After two year I found someone 'D' has taken X Party decree on the basis of small hand written agreement to sale with 'A' and made sale deed as well. I also came to know that when it was sold by A to B it was under stay order. 'D' has started construction also on that plot
court refused to give me interim relief of stay order because when I bought property it was under court stay. There is no mutation started on this plot
Date of execution of agreement to sale with 'A' and 'B' is before stay order and also before the agreement to sale with 'A' and 'D'
My Question
1 Should I go with criminal case against B from whome i bought the plot
2 Should I fight, which will take years in civil.
3. Why sub-registrar make one more sale deed. Why I was not called by sub-registrar when he was making sale deed of 'D'
4. Can I make guilty to bank because of wrong survey report and stop paying EMI

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Advocate M.Bhadra (Expert) 23 October 2015
1.Yes, you can file a Criminal Case u/sec.420,120B and 406 IPC against the "B".

2.No need, you should file a Complaint Case in Consumer Forum against the "B" to recover your money.

3.No need to proceed against Sub-registrar, as because your Deed execute later on.

4.You should stop payment of EMI,bank can not escape their responsibilities.

Sandeep (Querist) 23 October 2015
Sir,
1. Since the agreement to sale with 'A' and 'D' is after the agreement to sale between 'A' and 'B' (Means My Chain executed first). This means indirectly I have better rights and can fight for property.(read some supreme court decision)

2. If I stop paying EMI, should I inform the full detail to Bank and add bank in civil case which I filed in declaration suit and stay order

3. My sale deed happened much before the sale deed of 'D'. but during stay order. in this case why Sub-registrar is not responsible to have another sale deed over my sale deed.

P. Venu (Expert) 24 October 2015
It appears that the title was not properly verified from SRO. Otherwise, the stay order would not have remained unknown.

Kumar Doab (Expert) 24 October 2015
Agreed with Experts.

Usually the deed drafted by deedwriter has a statement that there is no stay by court on the the property...........

Bank is also under obligation to conduct due diligence.

You may consult an able lawyer and contest.

K.S.Srinivas (Expert) 24 October 2015
I agree with Sri M.Bhadra.

Rajendra K Goyal (Expert) 28 October 2015
Agree with the expert Advocate M.Bhadra.

T. Kalaiselvan, Advocate (Expert) 30 October 2015
Experts have advised well. At this stage you do not have a case against A or D but only against your vendor. If he has bought the property which was under stay, it becomes his duty to inform you about the pending litigation, he cannot claim innocence about the pending litigation. This may be in collusion with A and D too hence they may be impleaded as party to your suit.