Our property sold to another person
Akbar Khan
(Querist) 25 January 2017
This query is : Resolved
Dear experts,
My father had bought a property in Mumbai, in the mid 1960's, the property was registered in Pune. The previous owner of the said property, sold it again to another party in the year 2000. The buyer also registered the same and also got a PR card. The person died a few years later and we came to know when his wife laid claim to the same property. My question is, when the property was already registered, how was is done a second time and also, what is best way to lay claim to our property. FYI, the said property has tenants and the name of the area is on my mother.
I would truly appreciate any help/assistance provided by you experts here, as my mother is very old, and we do not live in Mumbai anymore.
Thanks in advance
Adv. Yogen Kakade
(Expert) 25 January 2017
As the property was already purchased by your father and the said document of such transaction was duly registered, selling the same property by the previous owner to some other party is illegal. Rather it is an offence.
You can certainly challenge such transaction and also file a criminal case against such illegal transaction.
The related documents need to be seen on this context. Better appoint a good lawyer to help you.
Adv. Yogen Kakade
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
Kumar Doab
(Expert) 25 January 2017
The title deed is name of your father would have date on it.
Your claim stands.
Since other party has laid claim to it contest it with the help of a very able local counsel specializing in such/property/civil matters.
Guest
(Expert) 26 January 2017
Well Advised by Adv.Yogen Kakade.You should also apply for Encumbrance Certificate atleast for 25 years and you had not informed about who is in Possession of your Property and Where are the Original Title Deeds like Parent Documents etc.Normally the Registrar Would Insist on Verifying the Title Deed in Original before Registration.
Guest
(Expert) 26 January 2017
I will explain
1. There are various property related fraud taking place
2. General case two things are observed first transaction is not properly done or incomplete or
3. Second transaction is done to cheat all
4. First transaction incomplete means , proper stamp duty not paid nor registration done , some documents signed in front of notary , land record not updated etc. Now here first original cook theory since selling procedure not done properly he is owner and sells the property to second one and such disputed property people purchase at lower price
5. There are legal ways to secure right and at least possession but steps you have to take
