Double sale of same plot of land
Satyabrat Panda
(Querist) 31 January 2014
This query is : Resolved
I purchased a plot of land measuring 9000 sqft from a property dealer (PD) in October 2011. Before buying I scrutinised all documents and found that the PD had bought the land from a person who had inherited the land as a member of an HUF. As the members of the HUF were more they had partitioned their property through court of law which had taken about 30 years to pass Final Decree. During the process of partition, the court had appointed a commissioner to ascertain, evaluate and divide the property equally among 8 coparceners of the HUF. The Commisioner did so after conducting inspection of all the immovable properties of the HUF, verifying their documents, making enquiries and evaluating the market price and finally alloting equal share to each claimant.
All these documents of court proceedings and orders were shown to me and I was satisfied that there was no title/legal problem as it was partioned by the court. Later on the PD caused delay in demarcating the plot I had bought. So I visited the site on 26/01/2014 to demarcate plot myself with the help of a friend. While measuring the plot a gentleman came and enquired about tthe purpose of our measuring the plot. I told him that the plot belonged to me and I was just demarcating it. Then he told me that the plot belonged to some one else and he was in possession of the plot for the past 51 years. I told him that it could not be so, because the land has been allotted to a person who was a successor of the owner as per ROR. The gentleman invited me to see the Sale Deed of 1963 vide which the plot was already sold by the the ROR holder to a third party. I followed him and met an old man who showed me the original Saledeed and also the rent receipt for the rent he was paying to the revenue dept. I got the shock of my life. I immediately contacted the PD and he told me that he has also heard about sale of the property much before the partition.
Now, what is the legal status of my document and what are the avenues open to me to claim my prperty/money?
ajay sethi
(Expert) 01 February 2014
obtain copy of sale deed of 1963 . issue legal notice to seller for refund of your money with interest . also file criminal complaint against the seller for cheating .
Raj Kumar Makkad
(Expert) 01 February 2014
The demand is highly time barred so notice shall also not serve your purpose.
Advocate. Arunagiri
(Expert) 01 February 2014
I am also having the similar opinion of Mr.Ajay Sethi.
T. Kalaiselvan, Advocate
(Expert) 03 February 2014
It is well within the limitations. You may follow suit as per the advise of Mr. Sethi in this regard.
Satyabrat Panda
(Querist) 04 March 2014
Thank you all for your advice and suggestion/s.
Satyabrat Panda
(Querist) 04 March 2014
Thank you all for your advice and suggestion/s. I have now obtained Encumbrance certificate (EC) from 1962 to 2014 which does not reflect the sale of the property in 1963. I applied for and obtained certified copy of the Sale Deed of 1963 which confirms the genuineness of the Sale Deed. But it is surprising that the EC does not reflect the transaction made in 1963. Could this be due to missing of the Index page? or could it be due to some omission caused by the clerk/official preparing the EC?
What further step should I take to protect my interest?
What is the legal status of the partition done by the court in 1998 confirmed by its final decree passed in 2011.
Will it be proper to move the court against its wrong partition?
