hmc (owner) 11 February 2011

registration of sale deed

respected sir,

I am going to buy 1 plot which is sanction by townplaning autority , but seller sold plot to 'A' party before 20 years by registered documents in sub-registar office but not done any mutation of title or 7/12 or on propertycard ,seeler has possession on plot from last 20 years now seller is going to sell me that plot by doing registered sale deed in same office ,will this my sale deed valid ?? or i have to face court matter after 'A' will going to know another sale deed done or that old sale deed will not valid now? while the possession is still there of seller means plot is still open?? plz guid me

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4 Replies

A V Vishal (Advocate) 11 February 2011

The seller has no right to re-sell the property already sold and registered to A. He cannot pass you the title or rights which is not vested in him, in future you will not only face legal cases but also loss of money, hence, it is not at all advisable to purchase such property.

G. ARAVINTHAN (Legal Consultant / Solicitor) 11 February 2011

Not a goos thing for sale

Deekshitulu.V.S.R (B.Sc, B.L) 11 February 2011

When there is already sale deed, the matter ends there. Even if mutation is done or not it is of no consequence. You will certainly face probelms if you buy. "Purchaser Beware" = "Caveate emptor"

Ladda.D.S. (Advocate) 11 February 2011

I thins the querist is not realisitic but an imaginative for time pass. Once the title of plot is in favour of A and if thereis any lawful dspute between seller and A then also the pendancy of the possession and mutation entry has no relevance once the Title of land is with A by registered documents before 20 years which holds valid for the years to year unless some contrary is proved. If to chose to make transactions for such property the buyer will face court matter civil case as well as criminal case from the private complaint filed by A under provisions of IPC.