• Problem of Double Registration

I had purchased a plot of 240 Sq.Yards in Hyderabad Kapra area in 1991. After 2 months of this registration, the same plot was registered in other's name by the same vendor. After 6 months, this mistake was recognised and the second purchaser had taken back his amount from the vendor, and handed over the original document to me along with a letter on stamped paper explaining the mistake. Now when I want to sell the same plot, EC has two entries of registration. 

Is it not the role of Sub Registrar Office to verify the rights of vendor while making registration? When I requested the Sub Registrar Office to cancel the second registration which is not a valid one, they wanted that the then vendor and seller are required to cancel that.
Now the vendor and his son were dead. The second purchaser where abouts is not known to me. 

Please advise how to proceed about this situation.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

In these circumstances you should file an application to the SR to cancel the second registration. If the SR does not do so then you may file a writ petition in the High Court which can issue the necessary directions to the SR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

deed of cancellation would be required in case sale deed between vendor and second purchaser is canceleld

2) youc na file declaratory suit that you are absolute owner of the property

3) rely upon letter of second purchaser wherein he admits the mistake

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

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s it not the role of Sub Registrar Office to verify the rights of vendor while making registration?

The sub-registrar with heavy burden on their head and shoulders, may not be having time to verify the same in each and every case hence you cannot blame them for this lapse.

When I requested the Sub Registrar Office to cancel the second registration which is not a valid one, they wanted that the then vendor and seller are required to cancel that.

They are right in their instruction, you have to bring the subsequent buyer to the SRO's office along with the seller and get it cancelled.

Now the vendor and his son were dead. The second purchaser where abouts is not known to me.

You can file a suit for declaring your title by roping in the Registrar as respondent to overcome the crisis.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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