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Anuj Sharma   21 December 2019

sale dees twice

total land = 2 marla
number share holders=2(A,B)
A sold his share (1 marla) to ram
after some time again A sold his share (1 marla) of same land to me without attesting the mutation to ram.(year 2000)
after selling same share to me ,A attested the mutation in favour of ram.
we both purchaser has took possesion over total land.
now B wants possestion by vacate the land from me.

1.now what i can do?
2. what is the fate of my sale deed who mutation has not been sanctioned?
either i can get land or my consideration amount?
3.if i talk about about amount,i wil get it according to mentioned in sale deed or current value/cost of marla.?


Learning

 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     21 December 2019

approach local advocate for better appreciation of your case

Dr J C Vashista (Advocate)     22 December 2019

Bad question paper.

If there is some truth in the story, it is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and proceeding.

However, if you are located in Delhi and feel so, may contact me with relevant records (on appointment) at: Chamber NO 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector10, Dwarka, New Delhi-110075 Cell # + 91 98911 52939 email: majjagdish@yahoo.com or visit: vakil-saab.com 

G.L.N. Prasad (Retired employee.)     22 December 2019

Mutation or no mutation can help in establishing ownership title, as the owner should have valid legal title in the shape a registered document.  If you have a registered title deed in your name and in possession of the land, you need not apprehend for such threats and can face the situation without any fear.  Defend your title first, consideration return or price is not material in the suit.  As suggested by experts, a competent and sincere advocate can fight for your genuine cause (Who is this B, what has he to do with your land, and how he can demand you to vacate the land which you have owned through a valid title deed and on payment of adequate consideration?, how both purchasers (You and Mr.Ram) can have possession at the same time of same land ?

G.L.N. Prasad (Retired employee.)     22 December 2019

Mutation can not establish a valid legal title. The owner should have a valid legal title in the shape a registered document and even when there is no mutation, it is not going to affect his valid legal title.  The person who mutated his name can not get ownership only on the basis of such entry in a record.   If you have a registered title deed in your name and in possession of the land, you need not apprehend for such threats and can face the situation without any fear.  Defend your title first, consideration return or price is not material in the suit.  As suggested by experts, a competent and sincere advocate can fight for your genuine cause (Who is this B, what has he to do with your land, and how he can demand you to vacate the land which you have owned through a valid title deed and on payment of adequate consideration?, how both purchasers (You and Mr.Ram) can have possession at the same time of the same land?

P. Venu (Advocate)     28 December 2019

Were you an innocent purchaser? If so, there are remedies available.

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