Cancellation of registered land sale deeds
Srinivasa
(Querist) 10 September 2017
This query is : Resolved
GM Respected Sir's,
1. We (multiple purchasers ) had purchased land in the form of plots vide registered sale deeds from our Vendor Mr B Ravindra in the years 1988-1993.
2. Subsequently the same Vendor Mr B. Ravindra re sold the land as open land to other vendors in the years 1996 and after.
What is our best remedy to get these documents cancelled as these other buyers are constantly harassing the first purchasers by placing objections in the municipal office etc when one tries too btain permissions etc.
Also if we file a suit for cancellation does this put the title of the first purchasers into question
Rajendra K Goyal
(Expert) 10 September 2017
Court case has to be filed for cancellation of the later sale deeds.
Lodge FIR against the vendor.
Srinivasa
(Querist) 10 September 2017
Thank you for your prompt reply. There are a several fir's against the vendor the question we are having is on filing of the suit does it cast a shadow on the title of the first purchasers
Srinivasa
(Querist) 10 September 2017
Thank you for your prompt reply. There are a several fir's against the vendor the question we are having is on filing of the suit does it cast a shadow on the title of the first purchasers
dr g balakrishnan
(Expert) 11 September 2017
any land purchaser shd take indemnity bond from every seller, otherwise the civil court matter is a long drawn affair, lawyers can make money at your problems, if you buy with the help of any lawyer then you can move a case against him for solution with seller that could help reasonable fast reasonable fast solution - any way file irrepairable liquidated damages against the seller. Again there is a series of failures noted in every purchase for the new purchaser has not taken indemnity bonds from the seller, they can be told by you to file irrepairable damages against the seller for cheating and defrauds under sec 420 of IPC r/e sec 19 of indian contract Act.
Adv. Yogen Kakade
(Expert) 11 September 2017
@ shrinivasa.. It is advisable for you to proceed with both civil and criminal proceedings. And as you have a valid evidence of title, no one can take away your title over the property, but such further transactions might have happened because of your negligence. As per the facts mentioned by you you have a valid and strong case.
@ dr. balakrishnan.. he can not take any action against the lawyer as any lawyer acts only on the direction given by his client.
Srinivasa
(Querist) 11 September 2017
Dear Mr Yogen Kakade
The members are concerned that once this suit (cancellation of documents) is filed will it put a cloud on the title of the original purchasers
dr g balakrishnan
(Expert) 11 September 2017
if a lawyer misleads he falls under sec 21 under deficiency of service, lawyers are not completely exempted if they do any thing deliberately, see they need to pay under services tax as also under GST now, laws nd statutes are changing over night, no one can say anything abt future, in the india's Oligarcical world!
Dr J C Vashista
(Expert) 12 September 2017
Dr. Balakrishnan,
I do not subscribe to the opinion and advise tendered by you.
Your reply to the query is totally irrelevant and I respectfully disagree.
Moreover your response is taken in a bad taste qua lawyers providing best of their professional services to the clients that you will have to agree.
By the way how many lawyers have made money from you/your relatives/friends/acquaintances out of any sale transactions, as alleged in response to the query made by author?
You will have to be practical, you have no right to make such remarks against the lawyers fraternity; no two way.
Kindly mend your ways to avoid any untoward situation/litigation, you will be in a thick soup, be warned.
Dr J C Vashista
(Expert) 12 September 2017
Mr. Srinivasa,
Whether the purchasers have taken actual vacant physical and constructive possession of the properties (plots) from the vendor when they got the sale documents (Deed) executed and registered in the year 1988-93? If yes, how come subsequent purchaser claim any interest, claim, title or possession of the properties. If no possession was actually taken/retained by the original vendee, what is reason?
Reply shall differ in both situations, therefore, it would be better to discuss with a local prudent lawyer without involving impersonating (claiming to be experts) lawyers like Dr. G Balakrishanan.
Dr J C Vashista
(Expert) 12 September 2017
I fully agree and appreciate expert advise of Mr. Yogen Kakade.
Srinivasa
(Querist) 12 September 2017
Dear Dr J C Vashista,
The original owners are still in possession and the original vendor in collusion with the second purchasers executed documents for open land showing ambiguous boundaries ( neighbors, neighbors, neighbors ) etc
these documents are being used to confuse the municipal authorities during seeking of permission etc.
So the association is deliberating going to court to cancel these second sale deeds.
My question is by filing this suit does this bring into question the title of the original purchasers
Sincerely
Srinivasa
Guest
(Expert) 12 September 2017
Presently there is no proper full proof system in India while purchasing property and Land. This is the reality. Lawyers can check a specific set of documents, even Govt records are not proper, but there is vast area which he can not check and the problem can easily surface from that vast area.
While studying this subject of title - I came across interesting case Legendary Lawyer Ram Jhetmalani who is going to retire now after 76 years of practice in 2 days , he himself was cheated in land transaction few years ago .
Nothing is full proof, even Titanic was not sinkable but it sank It happens and this is a reality .
I can only say we badly need Title Insurance of property while purchasing (which I read somewhere it exist in other countries)
@Adv Kakade
I agree with you but only one word bit would like to fine tune "Negligence", Criminal can do any thing , it is like you stand and birds shit on you sitting from some tree. Just call it bad luck and take necessary steps.
Guest
(Expert) 12 September 2017
I agree with Dr. J.C. Vashista.
Guest
(Expert) 12 September 2017
Dear Dr. G. Balakrishnan,
Easy said that done. A buyer's interest cannot be safeguarded merely with theoretical assumptions. That need practicable advice. On your advice, I have got some questions that need to be answered, such as:
If a buyer takes an indemnity bond from the seller who resales a plot to several buyers, would that provide a sure shot guarantee that the buyer would not feel the need to go to the civil court to get the bond conditions implemented, if other suit is treated as a long drawn affair?
Secondly, do you believe that a fraud/ cheat seller would surely oblige the buyer with desired indemnity bond?
Thirdly, where from the buyer can get the perfect indemnity bond? Again he will have to approach a lawyer for getting the indemnity bond drafted.
Fourthly, can there be 100% surety that the pre thought conditions of the indemnity would be sufficient to cover all the most essential terms to safeguard the interests of the buyer in all respects?
Guest
(Expert) 12 September 2017
Dear Dr. G. Balakrishnan,
One more thing to point out. The querist has come here to seek solution to his existing problem, not as a prospective buyer. Your advice is aimed at the intending buyers.
Guest
(Expert) 12 September 2017
I fully agree with the thought provoking points raised by Mr. Dhingra. Actually these points need to be discussed in detail by the experienced experts.
Guest
(Expert) 12 September 2017
@ Ms. Madhu
No system in the world can be considered to be perfect. Even the most developed countries cannot claim their systems to be perfect. Frauds, even in very large scale, do happen in those countries also, what to say of systems of a developing country, like India. We cannot blame system. It is those, whom we should blame, who run or operate the system.
Changes become necessary when some problems are experienced by masses. For example, RERA is the latest effort to streamline the system.
Srinivasa
(Querist) 13 September 2017
Dear Sirs
My Main Question is
Given that the first purchasers have concrete proof that they are the first purchasers and are in possession.
If they go to court to have the illegally executed second sale deeds by the vendor declared non-est and void does this in return putting even the genuine title holders title sub-judice till the case is completed
Guest
(Expert) 13 September 2017
Dear Srinivasa,
Your assumption is correct.
Guest
(Expert) 13 September 2017
An Excellent and Precise advise by Dr.JC. Vashista to the .G. Balakrishnan who deserves it
