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Ravindra   29 July 2021

Dispute involving multiple parties

Hello all, 

Recently, a plot of my land has been wrongfully and falsely sold and now the buyer has sold it to another third party. The court case we filed was targeted at only the first buyer and the party that falsely sold my land. Should we also file to include the new third party who the buyer sold to now? 




 2 Replies

BHAVYA SOM GARG   29 July 2021

The facts laid out by you point towards an illegal transfer of property. In such a case, you can either file for a declaratory suit to get your title declared, or file a suit restraining the other person from carrying on with the sale. In any case, the person who carried out the sale was not competent to transfer the property and hence any transfer made by him to any other person is void in itself. As per your question regarding making the third party a party to the suit, I should tell you that you will not require to do so, provided that the third party bought the property in good faith, believing the false owner to be the true owner. But if the third party knew about the fact and still purchased the property, he can be made a party to the suit. The thing is that the transaction between the wrong buyer and the third party would be void ab initio, as the wrong buyer was not competent to transfer the property.

1 Like

Shashi Dhara   29 July 2021

Add him as additional party and file complaint against first party .

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