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RainMaker (occupied)     26 June 2012

Same plot sold twice to same buyer

My uncle gave a power of attorney (unregistered) for certain piece of agricultural  land.  Attorney holder using that GPA sold to one of his relatives the different pieces of agricultural  land "Plot no. 1 and Plot no.2"  which were not mentioned in the GPA.  

He (GPA holder) registered the sale deed thrice in his same relatives name in the following manner.

Sale deed 1  :  Plot 1  +  Plot 2

Sale deed 2:  Plot  1

Sale deed 3:  Plot 2

  All the details like plot no, area,  seller  and buyer  are same  but the date of registration are 6 months apart.

What could have been his motive apart from the fraud at the first place,  getting it registered twice for each plot.  any legal implication ? 

 

Thanks in advance.
 



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 June 2012

One transaction or three transactions, the fact of the matter is that the ageny/attorney was not competent to sell that particular peice of land, hence any transaction with respect to the same is beyond his competency and null and void ab initio. The fact that it is registered would make no difference as registration is a guarantee of execution and not a guarantee of competency to pass on a good title. Challenge these transactions at the earliest to avoid the effect of estoppel/ratification. 

1 Like

RainMaker (occupied)     26 June 2012

Ad. Bharat,

 

Thanks for the response & guidance,

I understand  that time limit is 3 years.  We came to know about it recently,  when attempt  to deposess us was made, although  registration of sale deed was done in 2001,  and we are still in the continous possession of the land,   police complaint was filed last month.  Can we still move court for cancellation of the saledeeds.

 

 

 

RainMaker (occupied)     26 June 2012

Ad. Bharat,

 

Thanks for the response & guidance,

I understand  that time limit is 3 years.  We came to know about it recently,  when attempt  to deposess us was made, although  registration of sale deed was done in 2001,  and we are still in the continous possession of the land,   police complaint was filed last month.  Can we still move court for cancellation of the saledeeds.

 

 

 

RainMaker (occupied)     01 July 2012

Can we also file a criminal case for fradulant sale,  what all charges can be applied.

A Police complaint  has already been filed,  but it seems to take no action as of now.  What recourse we have ?


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