Property sold via gift deed second time
Ashwin
(Querist) 30 October 2015
This query is : Resolved
Need some views on the possible procedure to with this case.
My property(Plot) is registered by my seller(Previous owner of my property) brother to his son as gift deed.
My seller got some plots by division of their fathers property after his death via panchayat parikath. All 5 members got equal share of 4 plots each by making an affidavit mutually by signing on bond paper. Each of them have sold some plots of their share. We have bought one plot from the second son. This is registered in 2003. All tax, betterment charge are paid and sale deed is registered and katha number and PID number is obtained from the Mahanagar palike.
Now in mid 2015 brother of our seller(3rd son) has gifted our plot to his son and registered with registrar. This is not legal since the plot we bought never belong to him(3rd son) as stated by them in their own division affidavit on bond paper.
How to deal with this situation?
Anirudh
(Expert) 31 October 2015
Who is having possession of the plot purchased by you?
Ashwin
(Querist) 31 October 2015
right now the plot is empty. We came to know when we took encumbrance certificate(EC). There is an additional entry in EC showing our property being gift deed. Also there is an entry in our name as well.
This is confusing and how can registrar blindly register to someone else when it is already registered in my name.
Rajendra K Goyal
(Expert) 31 October 2015
Any family settlement / partition should have been registered.
However oppose the motion of the seller, if situation warrants lodge FIR.
K.S.Srinivas
(Expert) 31 October 2015
The seller (the third son) can not gift your plot to his son. Lodge a police complaint.
