Two documents for same property
YATIN
(Querist) 04 March 2013
This query is : Resolved
sir
I have purchased one property at Ahmedabad. In property card record ownership was in name of Mr. A partner of firm X. The partnership firm was not registered and there was no proper partnership document but was an oral understanding which the partners put in writing after 10 months. The authority to purchase land for property etc. were vesting in Mr. A. All property ownership documents showed property owned by Mr. A partner of firm X.
The registered purchase document in my favor was executed by Mr. A as partner of firm X. Later on my name as owner was recorded in government property card record as owner of this property on basis of this registered deed.
One of partner of above firm B suddenly sent us a notice that he has sold this property to another party by registered deed before my deed was executed and my document is null and void.
Upon scrutiny I found that B had executed sale deed even though his name was not in govt record without giving any title notice in newspaper or so. He simply claims that because his deed is preceding mine his is legal. My lawyer had given title notice in news paper and no objection was received from anyone before I purchased property.
1) Since partnership firm is not registered can he execute such document without consent of working partner A in whose name was in property records?
2) As firm is not registered does it become an association of persons and therefore B has no right to execute such document?
3) The possession was not given to me as some finishing work was pending and A had promised me to give possession after that. In meanwhile B had forcefully taken possession from A and had executed documents which even A was not aware of. What should I do to claim my rights in property as I have already made payment and my name is in records?
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ajay sethi
(Expert) 04 March 2013
file suit for declaration that you are owner of property and seek an injunction restraining B from delevering posession to third parties .
it is necessary to scrutinise the partnership deed beetwen A and B . contact a local lawyer
Raj Kumar Makkad
(Expert) 04 March 2013
File a suit for possession against B simultaneously seeking declaration about your ownership and the sale by B as null and void. B had no right to sale the property without having any title document in his name and moreover the owner was A and even B never raised any objection to the public notice which was got published you in newspapers prior to your purchase. Alos seek ad interim injunction.
