Opinion of experts requested
Guest
(Querist) 01 November 2009
This query is : Resolved
"A" purchased a property (a vacant plot) in 1997 from "B". In 1999, the seller, ie "B" has sold the same property to one "C". In 2002, "C" has sold it to "D". In 2007, these were found-out and legal notices were served. After receiving the legal notice, "D" has sold it to "E". A police complaint was given. During investigation, "B" has mentioned that by mistake he has sold the property (as per his version there were lots of plots held by him, hence, this has happened). Meanwhile "C" who bought the property in 1999 and sold it in 2002 was not traceable despite all efforts. "E" and "D" have cancelled the sale-deed executed in 2007 (in 2008).
The following action were taken to assure the rights of the original owner, ie., "A". (1) An affidavit from the concerned individuals regarding the facts were obtained; (2) By mentioning these facts, cancelling the sale deed of "A" (1997's); (3) Executing a fresh sale deed from "D" to "A" (in this deed also, all previous happenings were narrated). Since, "C" has already executed the sale deed and also the fact that he is not traceable, the above-said were suggested and carried-out.
Is the above are sufficient? Learned Experts views are requested.
Raj Kumar Makkad
(Expert) 01 November 2009
No. The entire process is erroneous and illegal. After making sale, how B can cancel sale-deed. No scope remains with him as he is not owner of the property. Only civil court has got right to set aside any sale deed even if executed wrongly and illegally. So entire process is highly illegal and erroneous. File a civil suit on behelf of B and make parties to A, C, D & E so that matter may be resolved by competent civil court. A property already sold in the hands of various persons can be sue moto get cancelled. D is not owner of the property so he cannot get executed the registered sale deed in favour of A.
Raj Kumar Makkad
(Expert) 01 November 2009
No. The entire process is erroneous and illegal. After making sale, how B can cancel sale-deed. No scope remains with him as he is not owner of the property. Only civil court has got right to set aside any sale deed even if executed wrongly and illegally. So entire process is highly illegal and erroneous. File a civil suit on behelf of B and make parties to A, C, D & E so that matter may be resolved by competent civil court. A property already sold in the hands of various persons can be sue moto get cancelled. D is not owner of the property so he cannot get executed the registered sale deed in favour of A.
Raj Kumar Makkad
(Expert) 01 November 2009
No. The entire process is erroneous and illegal. After making sale, how B can cancel sale-deed. No scope remains with him as he is not owner of the property. Only civil court has got right to set aside any sale deed even if executed wrongly and illegally. So entire process is highly illegal and erroneous. File a civil suit on behelf of B and make parties to A, C, D & E so that matter may be resolved by competent civil court. A property already sold in the hands of various persons can be sue moto get cancelled. D is not owner of the property so he cannot get executed the registered sale deed in favour of A.
Raj Kumar Makkad
(Expert) 01 November 2009
No. The entire process is erroneous and illegal. After making sale, how B can cancel sale-deed. No scope remains with him as he is not owner of the property. Only civil court has got right to set aside any sale deed even if executed wrongly and illegally. So entire process is highly illegal and erroneous. File a civil suit on behelf of B and make parties to A, C, D & E so that matter may be resolved by competent civil court. A property already sold in the hands of various persons can be sue moto get cancelled. D is not owner of the property so he cannot get executed the registered sale deed in favour of A.
adv. rajeev ( rajoo )
(Expert) 02 November 2009
No. This is wrong procedure and tittle cannot be conirmed to A.
When B has sold the property to C, C to D and D to E, The present owner of the property is E.
A has to file a suit for declaration and injunction, but to bring it into the limiation is very imporant because already 3 years have passed away.
So A has to take a contention that when he obtained the fresh propery of extract on so and so date in first/middle/last week of in the year_____, otherwis on the ground of limitation suit will be dismissed.
At present owner is E how come D exeute the regd., sale deed
adv. rajeev ( rajoo )
(Expert) 02 November 2009
No. This is wrong procedure and tittle cannot be conirmed to A.
When B has sold the property to C, C to D and D to E, The present owner of the property is E.
A has to file a suit for declaration and injunction, but to bring it into the limiation is very imporant because already 3 years have passed away.
So A has to take a contention that when he obtained the fresh propery of extract on so and so date in first/middle/last week of in the year_____, otherwis on the ground of limitation suit will be dismissed.
At present owner is E how come D exeute the regd., sale deed
adv. rajeev ( rajoo )
(Expert) 02 November 2009
No. This is wrong procedure and tittle cannot be conirmed to A.
When B has sold the property to C, C to D and D to E, The present owner of the property is E.
A has to file a suit for declaration and injunction, but to bring it into the limiation is very imporant because already 3 years have passed away.
So A has to take a contention that when he obtained the fresh propery of extract on so and so date in first/middle/last week of in the year_____, otherwis on the ground of limitation suit will be dismissed.
At present owner is E how come D exeute the regd., sale deed
Sachin Bhatia
(Expert) 02 November 2009
The entire process is erroneous and illegal. Only Civil court has right to declare the sale deed as null and void. File a civil suit on the behelf of B to resolve the matter.
Sachin Bhatia
(Expert) 02 November 2009
The entire process is erroneous and illegal. Only Civil court has right to declare the sale deed as null and void. File a civil suit on the behelf of B to resolve the matter.
Sachin Bhatia
(Expert) 02 November 2009
The entire process is erroneous and illegal. Only Civil court has right to declare the sale deed as null and void. File a civil suit on the behelf of B to resolve the matter.
