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Vasu Singh   20 June 2021

Dispute regarding sale of property

My uncle recently brought a property from an agent and while registration he found that some other property is also claiming rights on it and they also have a sale deed. How can my uncle get ownership of the property?  



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 4 Replies

G.L.N. Prasad (Retired employee.)     20 June 2021

Let the buyer beware is fundamental in law.  When one chooses and selects a potato when the cost is Rs.5/- per kilo, the purchaser is ought as a prudent man to exercise minimum caution while investing hard-earned money.  Immediately contact a local advocate and file a declaration suit.  The most important thing in a sale is possession and you are silent on the aspect and possession gives strength to the case and determines the court fee.

1 Like

P. Venu (Advocate)     20 June 2021

Originally posted by : Vasu Singh
My uncle recently brought a property from an agent and while registration he found that some other property is also claiming rights on it and they also have a sale deed. How can my uncle get ownership of the property?  

The facts posted do not provide the complete information. Please come clean with the facts.

Dr J C Vashista (Advocate)     21 June 2021

Collect all evidences for selling the property to 2 different purchaser and file a criminal (police) complaint for cheating and fraud committed by seller.

Besides this, institute a suit seeking relief of declaration (of title) with consequential relief of cancellation of sale deed of other purchaser and  perpetual injunction.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding. 

T. Kalaiselvan, Advocate (Advocate)     22 June 2021

If your purchase of the immovable property was by a registered deed and you were given possession of the proeprty subsequent to the purchase, then you need not be bothered about the claim for this property by  different person.

If at all he has any claim based on the documents he possess , he may approach court with a suit for declaration.

You can challenge the same on merits and the documentary evidences in your possession.

For whatever the reason be, you may better consult an advocate in the local, be equipped with the knowledge on further actions to be taken in this regard and be ready for initiating the same if necessary.

 


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