Property sold to more than one persons
J S CHHABRA
(Querist) 10 November 2012
This query is : Resolved
DEAR SIR,
I HAVE ONE QUERY PL SUGGEST. A SOLD THE LAND TO B BY EXECUTING SALE DEED IN FAVOR OF B, B DID NOT GOT IT MUTATED FOR TWO YEARS. A TOOK WRONG BENEFIT OF IT AND A AGAIN SOLD THE SAME LAND TO C BY EXECUTING SALE DEED IN FAVOR OF C. NOW WHAT IS THE LEGAL RIGHT OF C. EVEN A & B ARE REAL BROTHERS. WHETHER C CAN BE DECLARED AS OWNER OF SAID LAND AND WHETHER THE SALE DEED EXECUTED IN FAVOR OF B CAN BE DECLARED AS NULL & VOID.
Sushil Sharma
(Expert) 10 November 2012
yes it can be. you have to file ur case before the local police and ask the revenue authorities to sanction mutation in ur favour. if their ans. is no and they already sanction the mutation in favour of C. challenge the same
V R SHROFF
(Expert) 10 November 2012
agreement to sell in question requires compulsory registration
If A & C execute and Register the Deed and give possession, C becomes absolute owner.
[ B is liable only to A, not to C]
Right in rem with C
Sushil Sharma
(Expert) 10 November 2012
or contact me at sushilpandit80@gmail.com.
SUSHIL SHARMA ADV. GOHANA
ajay sethi
(Expert) 10 November 2012
what was B doing for 2 years? an agreement for sale which is not duly stamped and regd is inadmissible in evidence . B ought to have filed suit for specific performance . contact a local lawyer
Sushil Sharma
(Expert) 10 November 2012
IF YOU HAVE NOT GET THE SALE DEED REGISTERED THEN ONLY ONE OPTION IS LEFT TO YOU. FILE A SUIT FOR SPECIFIC PERFORMANCE WITH PERMANENT AND MANDATORY INJUNCTION
