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srinidhi (buisness)     13 July 2012

Land sold to 2 parties

HI,

In 2006 my father purchased a peice of land from a developer and got it registerd by paying the full stamp duty in the office of the registrar.

The developer has now sold the same land to another party (which he states to have done by mistake).

the dveloper is now appologising and saying that he is ready to offer us onother peice of land instead.

as the land is still "under development" we have no fencing/construction in the place.

my questions are as follows.

how would the new buyer's papers be valid?

is there anything in the law that says that the seller can change the agreement to offer us a different peice of land?

how can I be sure that the new peice of land he is offering us has not been sold to anyone before?

-Thanks



Learning

 7 Replies

Anish Thakur 7018812737 (advocate)     14 July 2012

dear srinidhi,

first of all dnt go for new piece of land its a trap spread by the developer.

secondly if you had the agreement before and registered with registrar office,the developer can not sale the same as he is left no more owner.

i have a confusion in my mind that how a developer is doing that ,is he so ignorant about the land laws?

i think he had saled you the plot in joint land measuring many plots and there will be no particular area or land number like khasra number is mentioned in the registry ,had he given you the possession og particular land he had saled to you.

feel free to call on 9459321520

Brajesh Jha (Advocate)     14 July 2012

Dear srinidhi,

In addition to what has been suggested by Mr Thakur, you may also do the following things:

1. Try to get possession of the Plot by gettting it demarcated at the earliest.

2. Obtain a certified copy of your sale deed as well as the 2nd Sale deed from the Sub-Registrar office and file a FIR against the Builder/Developer. This would give you the necessay negotiating lever with which you can pressurize the developer to register a Rectification deed w.r..t the 2nd Sale Deed.

3. At a later stage, you also have the remedy for filing a Suit for the cancellation of 2nd sale deed in the civil court.

Ajit Singh Cheema (practising Advocate)     14 July 2012

File an FIR against the builder who has committed a criminal offence. Under pressure try to get the demarcation of your plot.Dont agree for any new deal it may simply be a trap.

surjit singh (Assistant)     14 July 2012

Mr Cheema has rightly pointed out that you should go for a criminal complaint, it is a grave offence, because the developer cannot now say that he had no knowledge of the earlier sale deed, but in the meantime you can approach the Sub-Registrar with an application to cancell the registration of the second sale.You should also approach the concerned authority for not passing mutation order as regard the second sale deed. There is every chance of your succcess in getting the property sold to you initially.

surjit singh (Assistant)     14 July 2012

Mr Cheema has rightly pointed out that you should go for a criminal complaint, it is a grave offence, because the developer cannot now say that he had no knowledge of the earlier sale deed, but in the meantime you can approach the Sub-Registrar with an application to cancell the registration of the second sale.You should also approach the concerned authority for not passing mutation order as regard the second sale deed. There is every chance of your succcess in getting the property sold to you initially.

surjit singh (Assistant)     14 July 2012

Mr Cheema has rightly pointed out that you should go for a criminal complaint, it is a grave offence, because the developer cannot now say that he had no knowledge of the earlier sale deed, but in the meantime you can approach the Sub-Registrar with an application to cancell the registration of the second sale.You should also approach the concerned authority for not passing mutation order as regard the second sale deed. There is every chance of your succcess in getting the property sold to you initially.

surjit singh (Assistant)     14 July 2012

Mr, Cheema is very right, but you should also approach the Sub-Regisrtrar for cancallation of the second sale deed. You should also approach the revenue authority for not passing any order for mutation on the basis of second sale deed.


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