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suresh (engineer)     24 November 2010

Two sale deed on Single property

Dear Expert,

 

My friend was bought vacant residential plot(No- A5)  from person ‘X’ on 2008. Prior to sale deed, He verified the title deed of  the concern plot(A5) with EC & it was O.K on records. Few construction workers are staying in that plot by using temporary huts.   However, after two years (2010), person ‘B’ came to the plot along with local police said that concern plot was belongs to them and shown the sale deed which is having similar boundaries and plot no of 5. Said sale deed was made in 1997.

 

History of the Plot

1.       On 1993,  person ‘Z’ was sub-divided his land in to layout(Plots numbers shown on layout from A1 to A16) which was not approved by local bodies(Municipality). He sold all the plots during the years between 1993 to 1995 except A5 .

2.       On 2001, First transaction was made on plot  no A5 in favor to Z ’s son ‘Y’  as settlement deed.

3.       On 2005,  ‘Y’ sold to ‘X’.

 

After several enquires with local people, we came know that ‘B’ visited to the plot few times earlier and argued with previous owners ‘Y’ & ‘X’.  Since ‘X’ knew the dispute as earlier he hide the same to my friend. We also reviewed the sale deed of ‘B’ which is having similar boundaries and only difference in plot no as 5. Please also note that all neighboring  plots sale deed were shown plot nos. as A1 to A16.

 

In the above scenario, what my friend take action against ‘X’ and challenge ‘B’?

 

Looking for your kind feedback

 

Thanks in advance.



Learning

 2 Replies

M. A. Khan (advocate)     24 November 2010

The sale deed which is made earlier has legal force upon the sale deed made later.  Therefore, vendor who knows that he is selling the property which has already been sold, is liable for prosecution as well as purchaser can demand refund with interest and damages by filing suit.

suresh (engineer)     25 November 2010

Thanks for your advice. Please also clarify on following,

 

1.       What are the proofs required to filing suit against seller?

2.       Shall he only liable to receive refund of guideline value of the plot(Which was in the sale deed) or original amount(Which he paid to seller)?

 

Request for your kind reply.


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