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K S Seshadri (Asst. Audit Officer)     24 July 2015

Same property (plot) sold to two persons

Hello!

i had purchased a plot in an unapproved layout in Adoni mandal of Andhra Pradesh in Feb 2003 from a realtor.  The same plot was sold by the same realtor to another party (2 members - ladies) who jointly purchased it in Dec 2005.

I request you to Please guide me what action i should take and also inform me what are the favourable and unfavourable things, if any, to me in this issue.

I'm also attaching Encumbrance Form of the property for information.

Thank you.



Learning

 2 Replies

ADVOCATE DIMPLE JINDAL (Advocate)     24 July 2015

This is a case of fraud. You have a better title over the property as you have purchased earlier than the second party. Keep the possession of the plot with you. If the plot is not open, then make a boundry wall with gate, which shows that somebody have possession over the plot. 

Inspite of this, I will give you some more advise. At this time I am busy, I will send my message, when I feel free. 

k.chandrasekharan (advocate)     26 July 2015

I agree with advocate Dimple Jindal regarding 'possession'.

 Proving physical possession of vacant land is often difficult in legal proceedings often, as both contending parties produce a set of documents, which can be gone into in detail by a court only in protracted and costly legal proceedings of a 'declaratory suit' or 'eviction suit'. If possession is provable, then an easy 'injunction' suit can be filed.

To reduce your issue in legal tems, you are the owner of a property having purchased the same on a date prior to the date of purchase of the same property by another person. The three main issues that would arise would be (a) Who executed the sale deed in both cases and whether that person had a clear title to be passed on to the purchaser; (b) whether possession was handed over to the purchaser (c) whether the descripttion of the property in both cases is exactly the same including the boundaries.

Another important thing is that whether you have submitted copy of your sale deed to the revenue authority, panchayat/municipality/corporation, got the 'patta'/ khata transferred in your name and paid the property taxes regularly. If not done so far, please do so immediately.

You may have to engage a local lawyer in the case of litigation. As the case is not a complicated one no hi fi lawyer may beneeded. One with about 5 years of practice with good presence of mind will sufice.


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