Upgrad LLM

sale deed executed to two party

Engineer

Dear Sirs,

I have a query regarding the below scenario,

A executes a Sale deed(30x40 site) to B in A's Survey Number in 2000, but still A will be shown as the owner in the RTC records of Village panchayat, and B has not in possession of his property because of his personal reason and it is still a vacant site,

Since A had his mother deed of the Survey number with him, He executes an other sale deed of the same site which was already  sold to B, to person C in 2010, by showing the same vacant site of B. now B, and C has to fight for their justice, (May be C already ware of B's sale deed and wanted to physically challenge B), In this as per the eye of law , who will be the real owner of the vacant site in A's survey number land.

and my question here would be , is there any possibility of making an entry in RTC, or some where so that , these kind og double registration will not happen. because if the site is vacant and not in possession , the new unknown buyer will never come to know about previous Sale deeds against the site. so to tackle this case.

Thanks All

Jeevan

 
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+919444448455

Dear Mr. Jeevan,

    Your attention is invited that a person who purchased the property should make necessary effort to find out with regard to that property, whether the title or interest of the person from whom he is making purchase was in actual possession of such property. Before buying a property, the purchaser should check with the encumbrance certificate. I am not an advocate but from my experience of facing similar issue, I am giving this advice. It is happening due to the flaws in the Registration Act and nobody bothers to amend the same. Still we are following the same good old Registration Act 1908, framed during British Regime amended with minor & insignificant changes.

 
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advocate

 

Mr.Jeevan, 

Please note that the transactions between A, B and C are all fine, first sale deed between A and B holds good, no one can challange that since B having a title deed, then as Mr.Balaji asked what about the Encumbrance Certificat in which one can find the genuintity and other transaction details happend in a particular Survey Number, so in case of C stating that he is not aware of the sale between A and B  the same reason can not be taken as a valid stand moreover C can only get remedy from A not from B, since there is an indemnification in case of convey the title, another one is Possession in your statement the two transactions between 2000 and 2010, so it is not coming into adverse possession also hence if the B's Sale deed is genuine and effectively reflected in an Encumbrance Cerifitcate then no one can challange his title, one thing important atleast now itself B has to act immediately  for getting patta name tranfer in his name otherwise he might be in trouble to prove his  possession. 

 
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Advocate

 

The first  transferee will be the legal owner in your  case  his  title  can  only  be  defeated by successfuly  proving  advrse possession  the first  transferee  would  not be  bound by  the  subsequent  sale  deeds.

 
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Engineer

Dear All,

Please clarify this.

will Encumbrance certificate of the Survey number show the site (30x40) registered in that survey number??

i understand if the registration was in guntas's then the ownership of B can be seen in RTC as well as EC.but i am not sure if it is in site wise....., and the case i am discussing is in Karnataka state, wherein I acre is equal to 40 guntas...

Thanks in Advance.

Jeevan

 
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Engineer

Dear All, Sorry it's almost after 3 years I am writing back... Till today I don't know the answer for my question I asked above... Can you guys answer.. And by the way the land sy. No is agricultural land not converted to residential purpose and comes under the green belt as per the Bangalore CDP 2015. Regards Jeevan
 
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