salila (student) 22 January 2018

Sale deed

sir,

a purched a land in 2005 but did not took possession. b purched same land in yr 2010 and took possessions and is in possession till now.

may i know-

how b can prove that b is ture owner ,so a,s sale deed may be canceled. can sec 31 specific relief act and possession according to TP ACT-may give help.

pl suggest.thanks

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 22 January 2018

The land purchased by A. Hence A is the owner of the land he has right over the property. And the vendor who sold the land to A is fradulently register the land to B. Action can be taken against the vendor who sold the land to A in the year 2005 and the same property to B in the year 2010.

Poonam Mishra 23 January 2018

B can't prove him as true owner of the land.A purchased the land in 2005 and the vendor sold it again to B also.so it is clear fraud.and A can take criminal as well as civil action against the vendor and B.

salila (student) 23 January 2018

Respectables,

thanks for learned advice. still, many things u ignored that-

1 due to negligence of A, no mutation performed.thus fraud successful.had he transferred prop well in time .no fraud was possible. though A prays that he was jail in that time, but this plea is weak - as he took advocte services.

2 possession-had A took possesion, again , there could not be chances of fraud.

3 sec 52 of TP act protect possessor of prop .beside 12 yrs have passed ,so limitation act also bars him to get legal help.

regards