Second sale with layout change

R is having valid title.   have R completed  mutation process .Is it a local body approved plot?  R can file a criminal case against V for playing fraud , and R can go for a declaration suit calling sale of V to J and from J to B, as null and void, as R is the original owner of the property,pertaining to plot no.145.

IF all the title deeds upto R are registered, R is safe.

Hai friends,    

I (R) lodged a complained saying that B has put the fence on plot no 145. Land grabing Police Inspector enquired R,J,L  and B,J. The V is not traceble. But they are not taking any action.

No mutation is done because VAO is refusing due to the double entry. The layout is not an approved layout. all the deeds till R is registered.

Hi DG Swamy, with regard to your query I can opine that R has the better title to the property than anyone else. It is so because the right vested in J and B are subsequent to the rights that have been vested in R by way of the sale. Moreover, in the light of facts and circumstances of the case as enumerated by you in the problem it can be said that J and B would hold the property in Trust under Section 91 of the Trusts Act, 1882 thus J and B would act as constructive trustee for the property of R who is the paramount owner and has the title to the property. The legal options available to R in the case are firstly filing a suit for declaration of title under Order 23 Rule 3 of the Civil Procedure Code with all the evidence and proof of title to the property. R can also file a criminal case of cheating under Section 415 of IPC.

Regards,

SKapoor,

www.Lawkonect.com,

9555507507.

Hai Mr.Kapoor,

    Against whom the criminal case has to be filed...   The V is absconding..