My father purchased a plot from a party who in turn purchased from a developer cum co-owner(Name- 'A') [by referring to a link document wherein 'A' purchased some land] in 1988. The other co-owner(Name-'B') cum developer has sold the same plot in 2013 to others [by referring to a link document- GPA (executed in 1984)wherein it is mentioned that A&B are the owners of the land and A&B has appointed B as attorney cum developer to sell the plots]. Now, that the same plot is sold to two parties by the co-owners in different time frame, the plot belongs to whom ( to my father who purchased in 1988) or to the one who purchased in 2013 through the GPA holder cum co-owner. In simple words, 'A' sold the plot after giving GPA to 'B' and 'B' sold the the same plot based on the GPA after 15 years. Where do we stand legally?. Please advice!
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
The subsequent sale is bad, for no title could have been again created for the same property in 2013, when this was already sold to your father in 1988.
Challenge the 2013 sale and seek a stay order so that no third party rights are created over this property by the subsequent purchaser.
If your sale deed is duly stamped and registered you would have clear title to the property
Subsequent sale by B to third party would not confer any title to the purchaser
Your father should file suit to set aside subsequent sale
Your father is the rightful owner for purchasing the flat in the year 1988.
As per your query, your father purchased the plot in 1988 and the same plot purchased by others in 2013. Here the person who acquired the ownership title will have valid title then the one who purchased later. As per your query, A & B executed GPA to B long back in 1984 (whether registered or unregistered) and your father purchased in 1988 from previous vendor who purchased from A & B. If your father's vendor purchased the same plot prior to execution of registered GPA i.e., 1984 then your father will have valid title on plot and this has to be proved in the court with documentary evidence.
your father's one will stand as it was held in 1988 at first instance.
Hi, since you were already the owner in posession of the plot therefore your title cannot be challenged by the new buyer .. However he can initiate legal criminal/ civil proceedings against the developer who sold him the above said plot
Since your sale deed is executed in the year 1988 which is the first sale deed and which is acted upon and you are in the possession of the same from 1988 and the said sale deed has been registered by the valid owner on that date and not been challenged so far it becomes absolute.
No need to worry if you are in the possession.
1. File a complaint against all in the local PS under Cheating, Fraud, misrepresentation, Criminal Conspiracy, Common Intention, Criminal breach of Trust.
2. Send the complaint copies to higher officers up to CP.
3. Apply for Ec since 1983.
4.On that basis Ec Apply in the SRO under Right to Information Act (RTI Act) how all the title holders got the ownership of the said property.
5. On that Basis file a civil suit for cancelation of sale deeds of others as null and Void.
Good Luck / All the Best
GPA has been given to B by A in the year 1984. Then A sold the plot to your Father in 1988. Thus your father got the title as such he is the owner of the Plot. Though A has given GPA to B to sell the plots, A has authority to sell the plots (Unless it is barred by the conditions in the GPA). I have to look the conditions of the GPA. It is better if you send the GPA copy. Also check up whether it is registered or not.
Hence, the title of the Plot has already been transferred to your Father, the sale of B in the year 2013 to others is not valid. When there is no title at all, how can B sell the plot to others.
The subsequent sale deed of the property through a POA holder is not valid because the property was already sold to your father in the year 1988 i.e., almost 29 years ago and this property is in your father's possession and enjoyment.
It should be a mistaken identity of the property now sold through power of attorney deed.
However let your father not aproach court for declaring the title, let the new purchaser approach court which can be challenged by your father properly based on the documentary evidences in his possession.
