• Double registration

My father a land in 2011 with out checking EC lack of knowledge. Now land has one problem. The owner has sold to mr samba in 1992. The same owner sold the property to me Ravi in 1993. Then the first owner samba sold it to bhushan and bhushan sold to my dad in 2011. Parallely MR Ravi sold to another guy venkat and he sold to gopala Krishna. He is in second chain. Now he also come claim. So what my dad has . As my dad bought it from the first owner chain. Please guide us
Asked 7 years ago in Civil Law

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

1) title to land is not clear and marketable

2) file suit against Bhusan on basis of indemnity clause in the sale deed and seek refund of money paid by you with interest

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

If the property was firstly sold to Samba then he became the owner of the property on execution of registered sale deed in his favour, so he alone could have sold it further. Parallel sales made to Ravi and Venkat are illegal as the original owner ceased to have any right, title or interest to the property after he sold the land to Samba. It seems that the original owner committed cheating on multiple occasions. Your father should undertake a title search in the office of sub-registrar to ascertain whether his title is free and marketable.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

if your father having possession over the land then he can claim his right on the basis of sale deed and adverse possession.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1.Since your father has purchased from the first owner he ahs preferable right over the proeprty than the person who purchased it subsequently.

3.So ask your father to file a suit for declaration and then injunction.

3.The second owner has no right over the proeprty and he has no relief agaisnt your father either.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Your father should file a declaration suit seeking to declare the title in his favor based on the registered sale deed in his possession.

Did he mutate the property through the revenue department and obtained the records transferred to his name?, if not ask him to apply for it.

Consult a local lawyer and proceed as per his advise on all such further issues.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer