Sale deed registration in maharashtra

Konkati Shankaraiah (Querist) 23 March 2021 This query is : Resolved
Dear Experts,

Please give better solution on the below matter to way forward: Query: In the state of Maharashtra - "A & B agreed for sale and purchase of land parcel and A executed a Sale Deed in favor B. While sale deed mentioned full consideration was paid, some amount was due on which B defaulted. So 2 years later A again sold the same land to C. Sale deed was executed by A in favor of C. Now X wants to buy that land, while both B & C are available, A is not available, so none of the sale deed can be cancelled. B&C ready to sign whatever documents required.

pl. suggest me: 1. what is the best solution to purchase document and what type documents to be executed.
2. What is the Risk involved
3. best method to avoid risk in future.

Thanks in advance Shankaraiah

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Quick Summary

This discussion addresses a complex property sale scenario in Maharashtra where the original seller (A) executed a sale deed with buyer B, but full payment wasn't received. Later, A sold the same land to C. Now, a potential buyer X wants to purchase the land, but A is unavailable, and neither B nor C can cancel their respective sale deeds. The experts advise that purchasing this land carries significant risk due to the potentially fraudulent second registration, and the safest route involves legal action to cancel the fraudulent deed. However, given A's unavailability, alternative solutions like a public notice to trace A or executing documents involving B and C are being explored, though these carry inherent risks.

kavksatyanarayana (Expert) 24 March 2021
It is a fraudulent registration by A to C. So it is not advisable to purchase. This fraudulent registered document shall be cancelled by a civil court or High Court/government/

Konkati Shankaraiah (Querist) 25 March 2021
Thanks for ur advise. A is not reachable and X needs to purchase at any way. Filing suit for cancellation is time taking. Is there any other way to execute by both in favor C. Pl.advise

kavksatyanarayana (Expert) 25 March 2021
The Sub Registrar may register the deed if executed by A & B in favour of C. But the procedure above mentioned is the correct process.

Konkati Shankaraiah (Querist) 25 March 2021
Okay I agree with you sir but party 'A' is not available and not traceable. Available B&C only and they ready to execute any document in favor of 'X'.

Pl. advise on what type documents to be excuted in favor'X' for transferring the Land to 'X'.

kavksatyanarayana (Expert) 25 March 2021
For the person "A' or his legal heirs shall execute, so a publication about the whereabouts of A in a largest circulated daily news paper by consulting your own counsel.

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