• Double registration of land at Kalahandi District Odisha

Hello,

My father had purchased a housing land on 1993 and mutation was completed and obtained the patta on 2007 and the land tax is paid upto date. We have constructed the boundary wall,gate and house is built upto plinth level.

In 2012 the same seller sold the same area bearing the same plot number to another person and his mutation was completed on 2013.
Please could anybody suggest us what needs to be done and who is the actual owner.
Thanks
Asked 8 years ago in Civil Law

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9 Answers

You are the absolute owner of land

2) second sale made by original seller does not confer title to purchaser

3) file police complaint of cheating, criminal breach of trust against seller

4) also file declaratory suit that you are absolute owner of property

Ajay Sethi
Advocate, Mumbai
99692 Answers
8134 Consultations

Challenge the subsequent deed and pray for it's cancellation. If land is in your possession, approach the order of status quo so that no further third party rights are created and also the Status and nature of this land stays as it is at the moment.

Contact an able local Lawyer dealing in civil matters and explain him the case.

Vibhanshu Srivastava
Advocate, Lucknow
9759 Answers
322 Consultations

There is sufficient document to prove that you are in of the land since 1993. Is any other sale deed has been executed after this date then you should file a civil suit for cancellation of that sale deed. You should file a civil suit and preclude the other party for taking possession of this land. According to Section 74 of Indian Evidence when you produce your child eat then court shall presume that it is genuine and executed in accordance of law. This document itself proovs that you have in position over the land since 1993 therefore court shall presume that you are the actual owner of this land and according to Section 103 of the Indian Evidence Act the burden will shift Upon The other party to proof that his sale deed is genuine.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You may go ahead and file a declaratory suit that you are the absolute owner of the land as the subsequent selling of the land is void ab initio; you may obtain a status of status quo on such land.

You may also file criminal complaint against the seller for cheating etc; and may subsequently file another case for cancellation of the said sale deed.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

Hi, it is a case of cheating and fraud .. Lodge a police complaint against the builder .. The first buyer will be considerd the actual owner of the property .. The second buyer has to file a criminal complaint and suit for recovery against the seller

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

If your father purchased the property by a registered sale deed in the year 1993, then he is the absolute owner and not the subsequent buyer who has been fraudulently sold this property by the vendor.

Did the subsequent buyer claim the property?

If so, you may advise him to approach court for remedy because the property was purchased by your father under a registered sale deed and ever since the purchase the property is in his possession and enjoyment and also the revenue records have been properly mutated or transferred on his name.

Therefore the relief for the subsequent purchaser is with the court of law only and he cannot interfere in your father's peaceful possession and enjoyment of the property.

T Kalaiselvan
Advocate, Vellore
89894 Answers
2487 Consultations

Section 48 of transfer of property act determines the priority when there are successive transfers. It provides that where a person purports to create by transfer at different times rights in or over the same immovable property, and such rights cannot all exist or be exercised to their fullest extent together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created

Ajay Sethi
Advocate, Mumbai
99692 Answers
8134 Consultations

Do we have any circular/ higher court order regarding “ The first purchaser is the actual owner” subject to all evidence in support of first purchaser.

What do you mean by raising this kind of doubt?

When you purchase a product from a shop, are you not the owner after purchasing it?

Or do you need any circular/order from government/court to certify you the owner of the product purchased by you?

The dispute is for the subsequent buyer only and not for the first purchaser, let him file a suit to declare his title, you can defend your title on the basis of the registered document in your favor, let the court decide after that.

T Kalaiselvan
Advocate, Vellore
89894 Answers
2487 Consultations

Law says that 'possession is nine point of law' and it is believed that one who has the possession is the actual owner, and in any case which is otherwise a suit has to be filed in the court for declaration and specific performance.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

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