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Y.SARATH BABU (ADVOCATE)     06 January 2010

Title of the Property

Hello,

WISH YOU HAPPY NEW YEAR

to all our forum members,

        First i will explain the legal flow of the title Mr.A  was gifted the 1 acre of land to one Mr.B after that in the year 1987 he sold away the property to Mr.C.  again the said Mr.B was sold the same subject property to Mr.D.  Mr.C.Sold the property to Mr.E in the year 1996 Mr.E change the revenue records in his name afterthat in the year 2005 he sold the property to Mr.F. Now the said Mr.D filed the original suit for declaration of title and injuction against 'B' 'C' 'E' 'F' basing on sale deed and cist receipts which are paid before filing the suit.

Suit filed by the Mr.D is maintainable or not.



Learning

 4 Replies


(Guest)

What do you mean by "cist" receipts?

If the transactions betweenA B C E & F are duly stamped and registered. D will not succeed.

As far as maintainability is concerned, Why is it not maintainable?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 January 2010

The suit of D is not tenable before the eyes of law as his sale-deed is liable to be set aside as the same is mere a paper entry. On the day when such sale-deed was got registered in his favour, the alleged seller had no property in his name as he had already sold it to some other person so no chance at all even if he got succeded bonafide prchase.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 January 2010

Yes I agree with Mr.Raj Kumar Makkad.

 

On the date of sale to D, B had no right or title in the property as he had already conveyed it to C.

It is "KIST" not cist. Kist is a kind of land tax in tamilnadu.

mahesh kumar yadav (Advocate)     08 January 2010

the suit of D is not maitainble in the eyes of laws because on that paticular day when B registered the property infavour of D is alredy sold to others, so he cheated the D, so D can file the criminal complaint against the B under section 420 IPC for cheating


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