Double registration on same land

Rakesh Kumar (Querist) 20 May 2020 This query is : Resolved
My father and my uncle both of them combinedly purchased a land plot no 80 and divided into two parts as 80/P around 2004.

Here issue is we have not purchased full plot 80 we have purchased only half bit from plot 80 while registration land registered as 80/P with two names(my father's and uncle).But when we search with 80, registered name is not reflecting with recent one's.

Unfortunately owner has expired and his 1st wife started property belongs to her and raised GPA in 2016 .We went legally and she cancelled the GPA.

We are paying property maintenance since 15 years and applied current meter, received House No also and paying house tax every year.

Again now she came into picture she registered the full plot 80 into two bits to some other else as 80/p/east and 80/p/west.

Registration completed on 12-5-2020.

What should I do now?
Pls suggest.

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Raj Kumar Makkad (Expert) 20 May 2020
It seems that the said plot was not registered in the names of your father and uncle rather a GPA was obtained from its owner, since deceased and his widow subsequently provided her GPA which stands cancelled now and recently she has sold the said plot to some other person.

Have you any written document which may show that the said plot was purchased by your father and your uncle jointly? What were the reasons not getting the said plot registered in their names and further instead of getting fresh GPA from the widow of the seller, why a registered sale-deed was not got registered?

These are relevant questions which require your response prior to giving my legal advice.

Raj Kumar Makkad (Expert) 20 May 2020
If registration had already been made in favour of your father and uncle then what was the need to get GPA of the widow of the seller after demise of original owner?

There may also be a possibility that mutation of the purchased plot may not have been got entered in the revenue record by your father and uncle. Post full facts so as to get the desired reply.

Guest (Expert) 21 May 2020
Instead of further wasting time meet an local good Advocate with all the evidences you have and discuss in detail and legally proceed

Rakesh Kumar (Querist) 21 May 2020
Thank for your response Raj Kumar.
Actually registrated sale deed on my father and uncle name as plot no 80/p.When we search in potal names will appear on 80/p.
But issue is when we search with 80 old seller name will appear.Based on this she registered the plot some other.

Guest (Expert) 21 May 2020
You have a very strong evidences and discuss with your local good Senior Advocate in detail and Legally Proceed with out wasting time.

Raj Kumar Makkad (Expert) 21 May 2020
If the name of the old seller appears as owner of the mentioned property on portal then it can safely be concluded that no mutation had taken place of the registration of the sale in favour of your father and uncle. There is nothing to worry. You shall have to file a civil suit against the present seller and the buyer and shall have to seek the said sale set aside and to declare your father and uncle as owners in possession of the said plot.

FIR can also be got lodged against the aforesaid persons simultaneously to the civil proceedings.

Rakesh Kumar (Querist) 21 May 2020
Thank you Raj Kumar sir for positive vibes.
We will put up FIR against seller.
Is it possible to cancel the "SALE DEED" after the civil case it puted.

Can Sub Register Officer can cancel the Sale deed.? Or We should go to civil court and proceed from there?

Guest (Expert) 21 May 2020
The Concerned Court would decide all that and it would be posted in the Final Court Orders

Raj Kumar Makkad (Expert) 21 May 2020
Sub-regstrar has no power to cancel the registerd sale-deed rather this course can be got adopted through civil court only.

Rajendra K Goyal (Expert) 21 May 2020
If the sale deed is registered disclosing clear boundaries, try to get it mutated in favor of purchasers, may take help of appropriate court if authority refuse.

Rajendra K Goyal (Expert) 21 May 2020
Approach civil court to cancel the subsequent sale deed.

Subsequent sale deed needs to be cancelled when same seller / his legal heirs has sold the property already.

P. Venu (Expert) 21 May 2020
Facts posted suggests that, based on the conveyance deed, your father and uncle had not got the mutation carried out in the revenue records. This needs to be carried out without further delay.

The subsequent sale deeds for the same plots are void. Get a declaration to that effect from the competent court of law.

Rajendra K Goyal (Expert) 22 May 2020
As mentioned by you, your father and Uncle did not purchase full plot 80 but a part of it purchased by naming it as 80P. On portal 80P is shown in your father and uncle favor.
Approach the revenue department to allot separate property no. to plot 80P. Revenue and Municipal department would do so till there is no rule against such bifurcation.
Rest of the property belong to seller, he / his LH have right to sell.

Rajendra K Goyal (Expert) 22 May 2020
In case full property was purchased as 80 and 80P, whether 2 registration deed were executed and registered? If not, the position can be rectified with the revenue / municipal authorities. Priority should be to get the revenue record corrected.

Rajendra K Goyal (Expert) 22 May 2020
You said:
We will put up FIR against seller. Is it possible to cancel the "SALE DEED" after the civil case it puted. Can Sub Register Officer can cancel the Sale deed.? Or We should go to civil court and proceed from there?

Reply:

Sale deed can be cancelled on the basis of court orders.

Rakesh Kumar (Querist) 24 May 2020
Thank Expert's,
How many days will take to get judgement if we approach to civil court?
What is the procedure for correction of revenue documents?

P. Venu (Expert) 24 May 2020
Ascertain the procedure from the office in the locality. Court case could be time consuming.

Raj Kumar Makkad (Expert) 24 May 2020
Nothing can be commented about the time to be required in getting the judgment from the civil court as the same depends upon various factors but generally it takes minimum period of 3 years. Engage a local lawyer dealing in civil side and follow his guidance.

Rajendra K Goyal (Expert) 24 May 2020
You said:
How many days will take to get judgement if we approach to civil court?
Reply:
Nothing can be said, may take 3-5 years.

You said:
What is the procedure for correction of revenue documents?
Reply:
Approach Tehsildar, for appropriate orders. Take help of local lawyer.

Guest (Expert) 24 May 2020
For your information as on November 5th 2019 , totally 94000 cases were pending for more than 20 years in 25 High Courts in India out of which Allahabad High Courts accounts for 47% or 44000 Cases Pending. As on 27th November 2019 the Total Number of Cases Pending at District and Subordinates Courts India stands at 3.14 Crores of Cases. And at Various High Courts the Cases Pending were 44.75 Lakhs. At Supreme Court 59867 cases were Pending

Guest (Expert) 24 May 2020
Still if your Advocate is Enthusiastic he could plead to the Concerned Court's Registrar and the Concerned Court's Presiding Officer the Judge and the Case could be completed with in one year also. That depends on your Advocates.

Guest (Expert) 24 May 2020
The Pleadings for the Urgency should be Presented on Legally Valid Grounds For Example-- Client is a Senior Citizen etc or Any other Valid Grounds