Request legal advice on duplicate selling
Aravind Yedire
(Querist) 09 May 2025
This query is : Resolved
I am writing to seek your legal advice regarding an issue involving a property transaction related to my mother.
In 1985, my mother purchased and registered two plots of land (Plot Nos. 3A and 3B) through a valid sale deed. However, we recently discovered through an Encumbrance Certificate (EC) that the same seller subsequently sold one of these plots (3A), along with additional plots (3C, 3D, 3E, and 3F), to another buyer in 2014 in one sale deed.
Upon identifying this discrepancy, we approached both the seller and the second buyer. After informing the seller of our intention to initiate legal action for cheating, the seller has agreed to resolve the issue. The current proposal is for the seller and the second buyer to execute a 'Dispute of Rights Release' deed as a corrective measure.
We initially suggested a 'Cancellation Deed' but were informed that it may not be applicable in this case. We would like your expert opinion on the following:
Is the 'Dispute of Rights Release' a valid and legally sound method to correct this issue?
What is the correct legal procedure to ensure that our ownership rights are fully protected?
What documents should we obtain or register to prevent any future legal disputes?
Your guidance on how best to proceed would be greatly appreciated.
T. Kalaiselvan, Advocate
(Expert) 10 May 2025
Without perusing the documents and the contents of the proposed deed any opinion given here would be misleading hence you may consult an advocate in the local for advice.
kavksatyanarayana
(Expert) 10 May 2025
I opine that the deed of release of disputes is not correct. To avoid legal disputes, the seller and your mother shall execute a cancellation deed of sale registered in 1985, and the seller shall execute a fresh sale deed for plot No.3b only. You can recover the amount for plot 3a from the seller. Otherwise, file suit for double registration against the seller.
Dr. J C Vashista
(Expert) 11 May 2025
Get the sub-Registrar records of the plot 3 A to 3 F inspected and take certified copies of selling same property (ies) fraudulantly and decietfully.
Show relevant documents (which are about 40 / 11 years old) to a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.
P. Venu
(Expert) 12 May 2025
Who is in possession and occupation of the property?
Aravind Yedire
(Querist) 13 May 2025
None in possession yet. The plot is empty.
Dr. J C Vashista
(Expert) 13 May 2025
Even in an empty plot you should have retained possession by dumping some kabad (unused) material.
You should immediately consult a local prudent lawyer showing relevant documents for proper analyses of facts and professional advise.
T. Kalaiselvan, Advocate
(Expert) 14 May 2025
You may discuss with a local lawyer and first occupy the vacant property by making a temporary shelter in it as suggested to establish that the possession of property is with you.
This will help you to fight the litigation in future if a necessity arises.
