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vikash kumar (application engineer)     05 March 2013

Land registration dispute

We have got into a issue where the same land is found to be registered by two people. My dad bought a land in 2004 from Mr X whihc we never knew that it was already registered in the name of Mr Y. We paid  4 lac & encircled the plot with brick wall. The other party(Mr Y) approached us only after 5 months of our reigstration & claimed his ownership of the land.The land was on dispute & nothing finalized on it. Now in Feb 2013,Mr Y has sold the same land to someone else for 10 lac with the help of some powerful man of that area & he is construting the house. We apporached the nearest police station but the police responded that since the documents owned by Mr Y are proper, nothign can be done. Since the other party has support of some powerful people ,i wanted to understand if we can legally take action against them so that they atleast return my dad’s hard earned money.Please also note that Mr X from whom we bought the land is not in a condition to return our amount as he been ailing & had druken all his money.Please help



Learning

 2 Replies

Sreenivasa Rao. S. (Business)     09 March 2013

Hi,

It is your mistake.Prior to purchasing the land have you obtained EC till thedate of advance payment and before entering into sale agreement and also you to publish in news paper that you are purchasing the property and also at the time of registration the seller should give you the orginal documents called as link,Grand father ( means the original document from where he has purchased, Father means his orginal document , you can check in the website with the help of document number on whose favor it is, before purchasing any immovable property irrespective of thevalue you have to take legal openion, accordingly you have to act.  If it is in the name of Seller, you can file a case and obtain stay on the particular land.Approach a advocate who can guide and file a case against seller and present purchaser.

Sreenivas Rao. S

vikash kumar (application engineer)     09 March 2013

Thanks for taking note of my issue & replying back. I agree it was our mistake as my dad is not that educated & was not aware of all the administration procedure for buying a land.I want to take this opportunity to explore more in this front & be aware for any other purchase of land.As i understand from your comment ,we should have below check process for buying a land:

1. Get No encumbrance certificate of land

2. Publish it in newspaper 

3. Get the original documents ie Link. ("you can check in the website with the help of document number on whose favor it is, before purchasing any immovable property")

Please let me know the link for checking this online.

I  wanted to check for legal option to get back the money my dad invested. Now the land is not in the name of seller instead its in the name of other party to whom he sold before us.Can i file up a case against the seller for cheating & fraud as he sold the same land to multiple persons?

Regards

vikash kumar


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