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Amrish   26 July 2016

2 deals on same land property dispute

I am from Nashik Maharashtra. 

I have below query.

For eg. A is a seller of a NA Land ( Non Agriculture Land) . He agrees to sell property to B at Rs.50lacs. He takes token of Rs.25000 ( 25k ) and do visar pavati ( i don't know what to say visar pavti in english but it is written document on stamp paper ). In this document he agrees to sell said property at Rs.50 lacs provided B submit payment in 3 MONTHS. So here time period is of 3 MONTHS

Now, A sells same property to C and takes full payment from C and do registration to C.

Question 1. Now in above case what is the position of C. Will he be the legal owner of land as he has paid full payment and registration is now in the name of C . What about A commitment to B of visar pavati ?

Question 2. What about the payment of Rs.25k which B has paid to A

Question 3. What will be the position of B and C in case A has done saata khat instead of visar pavati

Help from members is highly appreciated


 5 Replies

Kumar Doab (FIN)     26 July 2016

Local terms are involved.

Consult local counsel.

Sood   26 July 2016

until and unless the period of 3 months is not over as it is contracted between A and B on stamp paper, A is not entitled to sell the said property to c. You can charge him under fraud if proper registration was done. you can get 10 times as in punjab, the amount paid as token money and if u demand this no case can be made out.

Amrish   27 July 2016

Hi, in above case I am person C

I have done registration. I have all required original documents with me.

Now I have come to know that A has done visar pavati to B before selling me and before that 3 months time was over. So I am afraid what about my ownership of land. 

One more problem is that, currently I am out of India So shall I come to India to solve this issue, or I don't have to worry about the issue as fight will be between A and B

My decision on whether to come to India and solve this matter depends on senior members like you, so please advice me.

Amrish   27 July 2016

I am not sure, but I think I have made full payment and I have done registration. I have not done anything wrong.

Wrong was done by A to B, so they both have to deal, I should have nothing to do with it...... But you know many times law has different view than us. So please advice me.

Sood   27 July 2016

More likely what were the terms between A and B... it would be a void contract if B wants to purchase property and goes legal... for more pm me

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