R B 25 February 2022

Agreement of sale without possession

Dear Sir
we have done (Greenland) property agreement of sale without possession dated July 2018, we are the first party.

and after 3 year we suppose to do the registration but now we got to know that the same agreement the owner has done with another 3 people (A,B ,C.D) and 2nd party (B) has already done the registration and mutation ( without our knowledge/information). now 2nd party telling that its his property he will not pay anything to us .

My question :

1) how come same property can sell deferent people when its already showing others name in EC?

2) Who will be the responsible now real land owner or 2nd party who has done the registration ? real owner is absconded now.

3) Before registration /sale deed registrar should know and sign on sale deed right ? sr. registrar has signed all the 3 agreement (without possession) and 1 sale deed agreement without knowing the property details .

4) What's the deferent way to handle such kind of situations .

5) is there any validity for the agreement of sale (without possession) and how many years ?

Pls advise....

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3 Replies

R B 25 February 2022

We have made the payment and done the sale of agreement for the land, thought that landowner will pay the money or sell the land after 3 years.

But after our agreement the owner has done the same sale deed agreement with another 4 peoples and we are the first party paid the amount for sale deed 2018 in EC (form 15) also mentioned clearly, but 2nd person also did the same agreement and paid the money in 2019 to landowner for 3 years and he got to know that the owner doing forgery (420) and immediately he has done something and got the registration and mutation done in his name.

1) How come a person will do the registration in his name without clearing pending loans or any credit balance showing on property (EC list)?

2) is there any time slot for agreement of sale (without possession) and if yes then how many years? can I file a case (and whom ...registrar , who has signed all the aggreement /real landowner / new owner)

3) What's the deferent ways to handle such kind of situation?

R B 25 February 2022

Originally posted by : R B

We have made the payment and done the sale of agreement for the land, thought that landowner will pay back the money or sell the land after 3 years.But after our agreement the owner has done the same sale deed agreement with another 4 peoples and we are the first party paid the amount for sale deed 2018 in EC (form 15) also mentioned clearly, but 2nd person also did the same agreement and paid the money in 2019 to landowner for 3 years and he got to know that the owner doing forgery (420) and immediately he has done something and got the registration and mutation done in his name. 1) How come a person will do the registration in his name without clearing pending loans or any credit balance showing on property (EC list)?2) is there any time slot for agreement of sale (without possession) and if yes then how many years? can I file a case (and whom ...registrar , who has signed all the aggreement /real landowner / new owner)3) What's the deferent ways to handle such kind of situation?

Adv. Mohit Chahal (Advocate) 26 February 2022

Dear Querist

File a civil suit for specific performance of agreement.

You may also file a police complaint for the offence of cheating.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

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