How to set aside the wrong sale?
V.Raghavan
(Querist) 02 August 2008
This query is : Resolved
A mother,her son and daughter executed a sale deed through their power agent in the year 1982 for a house site inherited. after 24 years noticing that the site is still remain unused the daughter and son(since their mother demised) again sold the property to another person suppressing the fact that the land was sold already(by applying duplicate doocument - pretended it is lost) Again it was sold to another person in the year 2008 on by this the original owner (Purchaser from mother, son and daughter) came to know. Now the legal owner should recover the property by setting aside the two saled executed with ill motive. Can the legal owners institute a criminal case suit against all the parties of the property wrongly dealt along with the civil case?
anantha krishna n.v. Advocate
(Expert) 03 August 2008
first of all you may need to confirm yourself that the power of attorney has sufficient p9ower to sell the property to the legal owners ( as you referred to the first purchaser from all the three) .
if that is a perfect documet, the legal owner can maintain the criminal complaint and also a civil suit simultaneously.
in the civil suit seek relief of 1. declaration of ownership, 2. declaration as null and void the remaining two documents.
you need to implead the subsequent purchasers also in the suit.
regards
anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
Srinivas.B.S.S.T
(Expert) 03 August 2008
Yes they can institute a criminal case under Section 420 of IPC. But as my friend said they also have to file a case for cancellation of the sale deeds.
V.Raghavan
(Querist) 03 August 2008
Thanks Mrs.Anantha Krishna and Mr.Srinivas for your valuable guidances. But earlier power of attorney was intact and two of the parties(total 3 since died two) turn after nearly a period of 20 years and I dont know with the help of duplicate copy they sold it to another person.
anantha krishna n.v. Advocate
(Expert) 04 August 2008
still, my earlier suggestion holds good, according to me.
go ahead and prosecute your remedies.
anantha krishna n.v.( Advocate, AP High Court, 9246531895)
V.Raghavan
(Querist) 04 August 2008
Thaks Mr.Anantha Krishna for your confirmation.
Srinivas.B.S.S.T
(Expert) 14 August 2008
Verify the registrar's records by filing a EC then you will know about the sales effected pertaining to the subject property and also the executants of the sales.
