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Basavaraj (engineer)     20 April 2023

can sell plot leagaly?

I have 200 sq yard plot in ameenpur hyderabad, I have lost plot, since 2002 in double registration and relayouting by fraud same original owner, now I have only original sale deed.
May I sell the plot as litigation property based on only documents without having legal position.

May I face any further legal issues after sales , if present buyer goes to court to get position based on only sale deed, because I will be seller of litigation property. Please advise.


Learning

 8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 April 2023

You can file a suit in civil courts for injunction order to evict the possessor. Section 441 of the Indian Penal Code (IPC), 1860 is applied to land and property encroachment. According to section 441, encroachment occurs when somebody tries to enter illegally into someone else's property. This is done to commit an offence, threaten a person for possession of the property and stay there. On land encroachment, the penalty is provided under section 447 of IPC. 

T. Kalaiselvan, Advocate (Advocate)     21 April 2023

If there is a civil suit pending seeking declaration and possession of the property purchased by you vide a registered sale deed, then you may have to wait for the court verdict.

It would not be proper to sell the property which is under litigation.

A buyer will not buy a property without seeing the property or without identifying the property.

 

Dr J C Vashista (Advocate)     21 April 2023

Originally posted by : Basavaraj

"I have 200 sq yard plot in ameenpur hyderabad, I have lost plot, since 2002 in double registration and relayouting by fraud same original owner, now I have only original sale deed. May I sell the plot as litigation property based on only documents without having legal position. May I face any further legal issues after sales , if present buyer goes to court to get position based on only sale deed, because I will be seller of litigation property. Please advise."

As stated by you, how did you loose the plot in 2002 is not clear. 

In terms of Sale deed in your favour did you have possession or the subject plot ?

What do you mean from the term "litigation property based on documents" as stated by you ?

It would be appropritate to consult a local prudent lawyer for appreciation of document / facts, analyses and professional advise.

P. Venu (Advocate)     21 April 2023

What do you mean by "I have lost plot, since 2002 in double registration and relayouting by fraud same original owner"

Please post the relevant and material facts.

Basavaraj (engineer)     21 April 2023

My plot is untraceable on ground because owner sold the plot in 1988 and again in 2002, hence, I have only sale deed document, I don't have possession of plot, hence, can sell the plot based on documents with out having possession of plot, any legal issues from buyer at later stage?

P. Venu (Advocate)     21 April 2023

Are you the first or the second  purchaser? 

Were you handed over possession of the property?

When you have become aware of the property?

What is the action you have taken once you had come to know of the said fraud?

Basavaraj (engineer)     21 April 2023

Owner and registered GPA holders sold to Balakrishna in 1988 and I have purchased from Balakrishna in 1994, hence I am 2nd owner, regarding fraud I just came to know recently after obtaining various sale deeds transaction in 2002, the key is owner and GPA holders sold in 1988 and again in 2002 under same registered GPA number of 241of 1987, presently I have rised email complaint to concerned registration office, hmda, and municipality office of ameenpur, being 2nd owner I am not sure what case needs to be filed?

Dr J C Vashista (Advocate)     25 April 2023

The facts posted need more clarification(s) and information(s), it is better to consult a local prudent lawyer with relevant records.


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