25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

dgswamy (Engineer)     02 January 2014

Second sale with layout change

Dear Helping friends,

               First a persion "V" 1st layout on 3 acres of land and sold on 1984.

->In that plot no 145 is sold by "V" to  "L" in 1984 (comming in E.C)

->"L" sold the plot no 145 to "K" in 2009 (comming in E.C)

-> "K" sold the plot no 145 to me("R") by 2012 (comming in E.C)

 

The "V" prepares another different layout(2nd) on the same 3 acres of land in 1997

-> In this plot no 145 comes with diferent 4 boundaries is sold by "V" to  "J" in 1997 (comming in E.C)

->"J" sold the plot no 145 to "B" in 2006 (comming in E.C)

who is having rights on 145? which 145 is valid? How to deal this problem?

 

 

  



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     03 January 2014

R is having valid title.   have R completed  mutation process .Is it a local body approved plot?  R can file a criminal case against V for playing fraud , and R can go for a declaration suit calling sale of V to J and from J to B, as null and void, as R is the original owner of the property,pertaining to plot no.145.

Adv Akhtar Ali Sheikh (Property Law Consultant)     03 January 2014

IF all the title deeds upto R are registered, R is safe.

dgswamy (Engineer)     10 January 2014

Hai friends,    

I (R) lodged a complained saying that B has put the fence on plot no 145. Land grabing Police Inspector enquired R,J,L  and B,J. The V is not traceble. But they are not taking any action.

No mutation is done because VAO is refusing due to the double entry. The layout is not an approved layout. all the deeds till R is registered.

SKapoor_Lawkonect (Lawyer)     10 January 2014

Hi DG Swamy, with regard to your query I can opine that R has the better title to the property than anyone else. It is so because the right vested in J and B are subsequent to the rights that have been vested in R by way of the sale. Moreover, in the light of facts and circumstances of the case as enumerated by you in the problem it can be said that J and B would hold the property in Trust under Section 91 of the Trusts Act, 1882 thus J and B would act as constructive trustee for the property of R who is the paramount owner and has the title to the property. The legal options available to R in the case are firstly filing a suit for declaration of title under Order 23 Rule 3 of the Civil Procedure Code with all the evidence and proof of title to the property. R can also file a criminal case of cheating under Section 415 of IPC.

Regards,

SKapoor,

www.Lawkonect.com,

9555507507.

dgswamy (Engineer)     10 January 2014

Hai Mr.Kapoor,

 

    Against whom the criminal case has to be filed...   The V is absconding..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query