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reddy (business)     02 April 2013

Property sold twice

Hello. My name is Kumar. My father purchased a commercial property from Mr. X  in Andhrapradesh in 1976 and it was registered on his name. Mr. X 's brother sold the same property to one of my relatives in 1984. We came to know about this recently. There was no construction made on this property since its purchase and now all of sudden my relative shows a registered document  done in 1984 that he purchased from Mr.X's brother.

    we want to start construction in that land. My father has registration from Mr.X in 1976 and my relative has registration from Mr.X's brother done in 1984. If 2 brothers sell the same property at different times, is the second registration valid?  If my father approaches court, what are his chances of winning?

Thank you for your advice



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     02 April 2013

Civili suits take long time.  It is a criminal case of fraud and impersonation.

1 Like

reddy (business)     02 April 2013

Thank you Mr. Sudhir  for replying me. Should I proceed with filing a case?

bhagwat patil (Property due diligence 9422773303)     02 April 2013

Check the title of the property before 1976,weather all two brothers were appeared on ROR or the only brother who had sold to your father. In first case you will get 50% of the property if the sale deed was for his share only, in second you will get all proerty,the que remains how the name of second brother appeared on ROR as your father was sole owner form 1976? Pl check all papers of record of rights.
1 Like

Advocate Sastry (Advocate)     02 April 2013

As opined by Mr. Bhagwat, please verify all the documents once again.. If necessary take assistance of local advocate for title verification and furure course of action..

1 Like

reddy (business)     02 April 2013

Thank you very much Mr.Bhagwat and Mr.Sastry. I will verify the documents and get back to the forum.

S.Sankarasubramanian (practcing advocate)     03 April 2013

Now the year 2013 is running.  From the yeaave yr 1976 who was in actual possession of the property.  Have you laid fencing. and wheter the patta has been transferred in your father's name. Have you paid taxes for the said property.

 

                                                                                                                S.Sankarasubramanian.

1 Like

reddy (business)     03 April 2013

Thank you all of you.

     There is a Patta to the property on my father's name done in 1976. There is a fence to the property and My father is paying taxes and also has permission from Local gram panchayat to do construction in this land. My father is renewing the permission every year.   Originally the land was in the name of Mr.X's father and after his death, Mr.X being elder son, the property was inherited to him but  there was no official patta or registration on Mr.X's name. 

Thank you

THANGADURAI (Proprietor)     03 April 2013

Mr.Bagwat Patil is right. there must be a legal heir certificate while registering in your fathers name and all the major sons and daughters if unmarried and the legal guardian on behalf of the minor children should have signed the documents. You can apply for the EC from the date your father purchased. Better to consult a local advocate. You can also get a certificate of possession from the village officer and proceed with the construction if it is in your favor.

1 Like

THANGADURAI (Proprietor)     03 April 2013

Mr.Bagwat Patil is right. there must be a legal heir certificate while registering in your fathers name and all the major sons and daughters if unmarried and the legal guardian on behalf of the minor children should have signed the documents. You can apply for the EC from the date your father purchased. Better to consult a local advocate. You can also get a certificate of possession from the village officer and proceed with the construction if it is in your favor.

1 Like

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