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kumar mahendhra (Law Student )     14 December 2021

Trasfer of property through registration

B has made a document legal through revenue officials, and made registration to Mr. Y and after 2 yrs Mr. Y has sold to Mr. N through sale deed three years back, this whole story does not know by Mr. N and Mr. N got all legal pattadar passbook from Revenue offices, now, Mr. N is fully authenticated on the property??.
Please suggest your valuable suggestions.


Learning

 2 Replies

Kawmini Liyanage   15 December 2021

Greetings!

In the given scenario B was the owner of the property, and Y transferred it through a Deed of Sale to N. Assuming this latter transaction has been made without the acknowledgement of B; who is unknown about the situation, has purchased the property. Therefore, to secure the title it is better to get it declared through a court decision as the equity principle followed by Law establishes "where the equities are equal, the earlier in time prevails".   

Regards,

Kawmini Liyanage

kumar mahendhra (Law Student )     16 December 2021

 B is the witness for the Sale Deed, 

N is the Vendee, Y is the Vendor, B is the Witness

 


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