Seller sold and registered same property to two people
4WhatIsRight
(Querist) 05 May 2018
This query is : Resolved
I bought 3 kottahs of land, in then suburbs of my city, in my wife's name through a registered deed of sale and got it mutated in my wife's name.
After two years the seller again sold the same land to a promoter who amalgamated it with his other adjacent plots and has constructed a building complex with seven buildings and sold all the flats.
I learnt about this entire development only on my recent visit to the locality.
I tried contacting the seller but he avoided me.
Then I appointed an advocate who has got certified copy of deed registered in builder's company's name.
What are the legal options before me...Criminal as well as civil?
Seller and promoter appear to be hand in gloves.
What I have been advised so far by legal luminaries..1. file a suit seeking cancellation of sale deed in name of promoter. 2. A police complaint of cheating and forgery in a criminal conspiracy. But the biggest question is that the building raised on my plot has 8 flats and same have been sold to different buyers.
Dr J C Vashista
(Expert) 06 May 2018
You have already stated to have engaged an able, competent and intelligent lawyer you must have faith in him/her and consult him/her without seeking FREE SERVICE from experts on this platform which may (rather bound to differ) and harm your case.
Asgher Mahdi
(Expert) 06 May 2018
Rightly, answered by Dr.JC Vashista.
P. Venu
(Expert) 06 May 2018
You have been posting many a query. What is the real issue?
T. Kalaiselvan, Advocate
(Expert) 07 May 2018
You can lodge a criminal complaint against the seller for having cheated you by selling the property to you and subsequently sold the sme land to a third person. The crime will come under various IPC sections namely 420, 406 etc.
In the civil side, you need not file a cancellation suit to cancel the subsequent sale deed, since you are not party to that.
You may file a suit for declaration of your title as per the registered sale deed in your favor.
You say that there are several flats constructed over your land.
For such constructions it would have certainly taken 3 years or more.
What were you doing for all three years or more when all these things were going on?
You canot say that you were not knowing the constructions on your land because you have properly mutated the property to your wife's name subsequent to your purchase.
Do you have an explanation for this?
4WhatIsRight
(Querist) 07 May 2018
Respected kalaisevan sir,
Property is almost 40 km away from where i stay and in an underdeveloped area, far from city. I had purchased the plot to construct house over it after few years by the time area was little developed with basic amenities. The promoter has constructed an entire colony and has simply usurped the plot.
T. Kalaiselvan, Advocate
(Expert) 09 May 2018
The explanation what you give seems to be very vague and unbelievable.
You were residing just 40 kms away from the plot and that you say that you never knew or not aware of the plot being developed into flats over it, which is a lengthy process and not an overnight wonder.
You mean to say that you never visited town in all these years though it is just 40 kms away.
You will get more proper ideas if you are coming out facts instead of giving lame excuses.
