same residential plot sold to 2 diff. persons
ramesh
(Querist) 09 January 2010
This query is : Resolved
I directly from owner by regd. sale deed I got ferfar and 7/12 in my name in 2002 then again I got 7/12 and paid 2 years NA taxes in 2003 . again in 2005 I paid 2 years na taxes to patwari I have all original documents. now patwari says that these 2 plots are not in my name they are in somebody elses name who has purchased the plots through POA in march 2002( One month before me). I saw his regd. sale deed in which there is no copy of POA enclsed nor any registration no. of POA is mentioned in sale deed . sale deed mentions only name of POA holder. I approached POA holder and the purchaser of the plots they are not showing POA .now what should I do ? The owner says He has given POA but excluding my 2 plots. Pl. advise me what to do ? my name is Ramesh P Gajwani I am from Akola MY email add. rameshgajwani@rediff.com my mob. no 9850550597
Raj Kumar Makkad
(Expert) 10 January 2010
Gajwani! File criminal case against the seller and buyer along-with witnesses under section 420/467/468/471/120B IPC before concerned police station and on failure through criminal court.
Secondly you file a civil suit seeking declaration of setting aside sale-deed in favour of second person and meanwhile seek stay order against creation of third party inerest during the pendancey of the civil suit.
B K Raghavendra Rao
(Expert) 10 January 2010
Buyer beware. You should have made sufficient enquiries about the clear title of the immovable property before purchasing the same. Since the sale has taken place earlier to your purchase, the earlier sale stands valid.
Now, you may file criminal case against the seller (and not against the buyer) as the seller has cheated you. You may file a civil suit for recovery of money paid by you to the seller and in the same suit, you may obtain an ad-interim injunction against alienation of the suit schedule property.
