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Land Laws, IPC

(Querist) 09 February 2010 This query is : Resolved 
What are the remedies for cheating made in sale of plot. A same plot is sold to two plots. What are the remedies for second buyer.Kindly guide with applicable Legal provosions of IPC and land laws.The second buyer has followed all the due proces while buying the plot (i.e.advt in newspaper, checkig title of seller through mutation entry book, etc.)
Guest (Expert) 09 February 2010
in IPC u can lodge an FIR aginst the cheaters under section 420, 467, 468 IPC.

no provisions in Land Law. coz u nt made it clear that its agriculural land or a residetial. urban property.



if the plot nt registered in ur favour then u can file a suit of specific performance in Specific Relief Act, 1963 against the seller.
Raj Kumar Makkad (Expert) 09 February 2010
I do agree with ajitabh.
B K Raghavendra Rao (Expert) 09 February 2010
Your question is murky. The second buyer has taken sufficient care to enquire about the ownership of the property. But, it is not revealed how the first buyer had not got his name entered in the mutation register as soon as he purchased the plot. The second buyer should have come to know about the first sale if he had obtained encumbrance certificate from the Sub-Registrar's office. He should have known about mutation in the revenue records of the land when and why it took place. There could have been responses to the advertisement released by him.

However, the ultimate bottom line is that the seller has cheated the second buyer. He can proceed against him under the provisions of Section 420, 467 and 468 of the IPC.


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