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Victor (Manager)     08 December 2024

Double registration

Two different people claiming to be owners and sold to same person in double registraion issue.

Brief facts as in seen in the documents for the same property in same village & same survery numbers by the same sub registrar in sub urbs of Telangana .

  1. Doc No 1860 of 1988 Sale deed dated 19-3-1988 -->  Baddam Dan Reddy agreed to sale to Rahena Khatoon on Feb 10 1985, Later on 19th March 1988 Dan Reddy & Rahena Khatoon makes a sale to S Pramila. There is no link document mentioned but Dan reddy claims to be the absolute owner.
  2. Doc No 1861 of 1988 Sale deed dated 19-3-1988 --> Bal Reddy makes a sale deed to Rahena Khatoon citing link document  no 141 of 1987.

How it is possible to have SRO signing for two different individuals in his office way back in 1988 in 2 different sale deed documents claiming to be the property owners for the same property ironically on the same date ?

Experts kindly advice how to get this validated ? what other documents needed to authenticate who is the rightful owner??

 



Learning

 4 Replies

S. Gupta (Legal Scholar)     08 December 2024

This situation looks like a classic case of double registration where two different sale deeds for the same property, involving the same survey number and location, were executed on the same date by two different parties claiming ownership. Here’s how to approach this problem to determine the rightful owner and resolve the issue:

  • Start with the Link Documents:
    Document No. 1861 of 1988 cites a link document (No. 141 of 1987), where Bal Reddy claims ownership. You’ll need to carefully examine that document to understand how Bal Reddy got his title. If the link document establishes Bal Reddy as the owner before 1988, then the sale by Baddam Dan Reddy in Document No. 1860 would likely be invalid unless he can prove ownership.

  • Analyze the Ownership Chain for Both Parties:
    For Document No. 1860, there’s no mention of a link document, which weakens Dan Reddy's claim. He needs to establish his ownership with earlier documents like a partition deed, sale deed, or inheritance records. If Dan Reddy has no prior title to the property, his sale to S Pramila could be void.
    For Document No. 1861, verify the authenticity of the link document cited by Bal Reddy. If it’s valid and shows clear ownership, his sale to Rahena Khatoon would be more credible.

  • Investigate the Role of Rahena Khatoon:
    Rahena Khatoon appears as a common party in both transactions, and this raises questions:

    1. Did she collude with both Dan Reddy and Bal Reddy to sell the property to S Pramila?
    2. Or was she misled into signing contradictory sale deeds?

    Her role is critical to understanding the legitimacy of these transactions.

  • Examine the Sub-Registrar’s Records:
    Approach the Sub-Registrar’s Office (SRO) to verify:

    1. Whether the same property details were registered under both sale deeds.
    2. If there are any anomalies in the execution process (e.g., witness discrepancies, stamp duty irregularities, or errors in document verification).
      The fact that both sale deeds were registered on the same date raises the possibility of oversight or malpractice at the SRO level.
  • Check Property Tax and Mutation Records:
    Review revenue records such as property tax receipts, mutation records, or pahani/RTC documents for the property in question. These records might reveal who was recognized as the rightful owner by local authorities around 1988. If either Dan Reddy or Bal Reddy paid taxes on the property or their name appears in revenue records, it strengthens their ownership claim.

  • Survey and Demarcation Records:
    Verify survey records for the property to check if the boundaries, extent, and survey numbers match the claims made in the sale deeds. This might also reveal if the same property was misrepresented in two different transactions.

  • Legal Notice to All Parties:
    Send a legal notice to all involved parties (or their legal heirs if they are no longer alive) to clarify their claims and ownership basis. Their responses could help identify gaps or fraudulent intentions.

  • Litigation for Declaration of Ownership:
    If the rightful owner can’t be established through documentation and registration office scrutiny, you’ll need to file a suit for declaration of ownership and cancellation of the fraudulent sale deed. This involves:

    • Proving a stronger title chain through valid link documents.
    • Demonstrating fraudulent or overlapping claims in one of the sale deeds.
  • Documents You’ll Need to Validate Ownership:

    1. Link documents cited in both sale deeds.
    2. Prior sale deeds, partition deeds, or inheritance records for both claimants (Dan Reddy and Bal Reddy).
    3. Mutation and property tax records.
    4. Survey records and boundary maps.
    5. Sub-Registrar’s official records for both sale deeds.

This situation is complex and likely requires legal intervention to sort out ownership disputes. If clear documentation supports Bal Reddy’s claim (through the link document 141 of 1987), he would have a stronger case. However, if Dan Reddy can establish ownership independently, the situation could tilt in his favor.

It’s best to consult a lawyer specializing in property law for help with document scrutiny and filing a case if necessary. Let me know if you’d like further clarification

Victor (Manager)     08 December 2024

Further updates,  S Sudir s/o S Pramila in 2009 has taken 10 Lakhs loan from a private bank in Hyderabad and keeping the surities as the agriculture land documents of Rehana Khatoon pertaining to above said property. In fact he has defaulted , bank send a public notice in 2020 , copying to  district collector not to make any transactions of the property in question.

In 1993  Shabeer Khan husband of Rehana Khatoon made GPA from his wife and some part of the land he in possesion till date same can be seen in RTC,pahani or government's dharani portal.

Inspite of Bank notice ,some of the land is sold in form of plots ( around 200 sq yds) to other retail buyers, by Shabeer khan & 4 plots  by Pramila between 2001 to 2024.

Another question: will the retail buyers sale deed will be void or Shabeer,pramila sold fradulent sales or why did this private bank has not  taken any action just sending notice and keep seeing the transaction still happening til date? So many loose connections in the facts mentiones and further questions in it ?

T. Kalaiselvan, Advocate (Advocate)     08 December 2024

Your questions are full of riddles and appears to be fictitious story.

Without scrutinising the documents any opinion given will be a misguidance.

It is not known that how people fraufdulenly managed the bank and enticed other buyers to sell the property in bits or whole. 

If you are a buyer then you obtain a proper legal opinion before venturing into the proposed purchase. 

kavksatyanarayana (subregistrar/supdt.(retired))     08 December 2024

First document sale agreement was executed on 10.02.1985 and a sale deed was executed on 19-03-1988. If your query is true, why did you keep silent all these years?  Is it fictuous?


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