Satish (farmer) 27 July 2014

Double registration - immediate help is needed

Hello all.

I have purchased two plots in AP from the same person in 2012 without knowing about his habitual criminal behavior. I understood that he sell property to someone and make false documents claiming that the property belongs to his daughter/wife and file cases against the buyer in the court. He also changes the boundaries of the sites and sell to multiple people the same site(s).

I recently found that my two sites were sold to other people appx 10yrs ago and both were in court cases filed by previous buyers. I have taken control of one site without knowing that there is a court case on it. I have obtained electrical service and house tax too.

I understood that the first buyer has the right to hold the property eventually.

If i file a criminal/recovery case against the seller will the court seize his remaining properties from selling to others until the case is decreed? I am worried that he may sell of his/his wife properties before the judgement.

Shall i file a criminal case against the seller while having the position of the two plots? I understood that i can either go against seller or fight against previous buyers.

Please advise me the best way to dealt with this situation. BTW, i am a British Citizen with OCI status, is there any special law for us.

Many thanks for your time and look forward to receive your valuable suggestions.

Kind regards,

Satish

Reply Follow

4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 27 July 2014

Dear, If you are a bonafide buyer, I.e. having bough the property with reasonable enquiry like registration of the proprrt and other enquiries and if the same has been bought for consideration, then retain and enjoy the possession. Let other buyers come and prove their claim. There is.no special law for BTW. Advocate kapil chandna. 9899011450.

Satish (farmer) 28 July 2014

Thank you Mr. Kapil.

The Encumbrance's shown no previous buyers, usually this is more important for buyers. When i took Encumbrance online two days ago on whole Survey number then i can see the previous buyers listed along with other transaction of that survey numbers.

1. For Plot - 1, we noticed a court case filed against the seller by the first buyer. We have bought the plot in 2012 from the same seller. Since then the first buyer did not either add us as respondent or contacted us. We have taken control of this plot from illegal occupation by the seller and obtained current service and built boundary wall and a shed.

2. For plot - 2: The previous buyer came along with few people while i was employed a JCB and shown a decree. He has noted down the JCB number and asked me to stop constructing the wall/room. He warned me to inform the police if i refuse to stop the work. I approached a local lawyer, he advised me to take injection and construct the wall/shed.

Surprisingly the lawyer is not in favour of taking criminal action against the seller as he believes that i may not able to recover the 35lacs i spent on both plots. He believes that the previous buyers may ask for settlement after couple of years at least.

The seller and his family owns appx 1000sqd more with them. Am i able to claim part of that if i file a criminal and civil cases against the seller? Shall i able to get a court order to stop sellers to sell that remaining 1000sqd to other people until my issue has been resolved?

Should i fight with my previous buyers or seller?

Many thanks,

Satish

T. Kalaiselvan, Advocate (Advocate) 29 July 2014

If you want the money or consideration amount paid to the seller to be repaid because of his fraudulent transaction, you file a suit for recovery of money and in that you can file an application for attaching his other property for security purpose before judgment.

Satish (farmer) 29 July 2014

Thanks Mr. Kalaiselvan.

Can the court order to stop selling his or his family other attached property to be sold until the issue has been resolved?

Am i able to file a criminal case against the seller and also keeping the position of the plots at the same time?

Thanks.

Satish

Double registration - immediate help is needed

4 Replies

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category