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Hemanti Kandari   07 August 2018

sale of land more than owned

In 2004 two people sold 200 sq meter of land in favour of X by executing a sale deed. But one of them was actually holding only 100 sq meter of land in his name out of the land No. mentioned in sale deed and other have no land in his name. Mutation was done in the name of Mr. X of 200 sq meter of land in revenue record. Mr X sold 100 sq meter of land in favour of Mr Y without disclosing the discrepancy in his sale deed.

Whether Mr. Y is valid owner of 100 sq meter land?

Whether Mr. X can call one of the seller who is valid owner of 100 sq meter of land for specific performance ?

What legal action Mr Y can take against Mr. X?

Whether Mr Y has any right against the original sellers if Mr. X is not traceable?

Can Mr. Y be treated as buyer in good faith and get title on 100 sq meter of land?


Learning

 1 Replies

Adv Deepak Joshi +917017821512 (Advocate)     07 August 2018

Y can take possession of 100sq meter as this much land is available and X or his legal heir are bound to transfer possession of 100 sq meter if not done so far.

As far as matter of other 100sq meter is concerted legal heir of X can take action against legal heir of person who sold land with being owner of land.

 

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