• Double sale deed by housing cooperative society

Sir, a sale deed was executed by a housing cooperative society in 1993 with a condition the house by the person will constructed max in 5 years. Again for the same plot ,a sale deed was executed in 1999 to 2nd person with same conditions in the sale deed .the second person constructed house with an heavy expenditure . In 2003 a civil suit was initiated by the 1 st person.for permanent injunction and possession of the plot. Also the society was suspended by order of collector , jabalpur during the period of execution of first sale deed..The first person has paternal property before the sale deed year 1993 & NRI also in the period., The person signing the sale deed of 1 st person was govt employee and by power of attorney. court is influenced by the 1 st person . whether 2 nd person will get time to appeal MP high court in view of abnormal delay in high court accepting or rejecting the 2 nd appeal by the second person. can you provide some references of court decisions of high court & supreme court , 2 nd person is retired officer of defence.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Did you mean to say, that the Civil Court ruled in the favour of the 1st person and you also lost in appeal?

The court cannot take a hyper technical view on delay and can condone the same is just and sufficient cause is shown behind the same.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Once the property is sold to the first person the seller did not have any other right left in the property and hence the sale made to the second person has no legal sanctity and hence the sale deed is without any force or substance.

2. So if any suit is filed the second buyer will not get any title in the property.

3. However the second buyer has legal right to get repaid and compensated for the money paid to the seller and his only relief lies against the seller.

4. So the second buyer in stead of fighting against the first buyer can file a suit for recovery of his money along with damages. To put more pressure he can file a criminal case of cheating as well against the seller.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Society could not have executed second sale deed when property had already been sold by society to first party

2) second party can file appeal before HC

3) remedy of second party is to sue the society and claim losses suffered

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

It is necessary to peruse sale deed executed by society to advice

2) further orders passed by courts have to be perused to advice

3) once regd sale deed is executed by society first purchaser would be absolute owner of property

4) society ought to have obtained court orders for setting aside sale as purchaser failed to carry on construction within stipulated period

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Always the Courts will entertain delayed appeals if such appeals are supported by application under section 5 of Limitation Act with a prayer to condone the delay.

It always depends upon merits of each case. First party violated the condition of raising construction with in a period of 5 years from the date of purchase. Depending upon defenses taken by different parties and documents produced by them will be considered by the Court and accordingly judgment will be pronounced.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

ok, I will help you with citations after I conduct a research.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The person signing the sale deed of 1 st person was govt employee and by power of attorney. court is influenced by the 1 st person . whether 2 nd person will get time to appeal MP high court in view of abnormal delay in high court accepting or rejecting the 2 nd appeal by the second person. can you provide some references of court decisions of high court & supreme court , 2 nd person is retired officer of defence.

First of all it is not understood what is your cae or what relief you dsire to seek by posting this query.

However as understood, if there was a second sale deed on the same property without cancelling the first sale deed, then the second sale deed is invalid in law and not enforceable in law.If the decision is against the 2nd person, then he may aproach appellate court with a memorandum of appeal.

The delay in appeal cannot be avoided.Allow the appeal to be disposed first, then you may think about preferring 2nd appeal.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Both the registry are contigent that is with certain conditions to be fullfiled ,whether without fulfil of the conditions of the the sale deed can be considered absolute or conditional .. Without fulfil of conditions of sale deed ,sale deed can be taken absolute & valid .

It cannot be considered that if the buyer do not comply with the conditions of the sale deed, the seller can sell the same property to a third person.

The seller, in that case has to first cancel the registered sale deed in favor of the original buyer and then can execute a subsequent registered sale deed in favor of a third person.

The 3 rd trial court decision in favour of 1st party. If the conditions of sale deed are meaningless in eye of law the why it is on the body of sale deed and why the same has been approved by registrar of housing cooperative society . a number of such cases are prevailing in the housing society and affecting the peace of society, Recently done LLB . Please let me know reference of some HC & SC court decision on similar case

This is a proper case for not observing law of the land.

The seller cannot sell the property to another person without cancelling the sale deed already executed in favor of one person.

The conditions therein will be the reason for the said cancellation.

Hence it is violation of law and cannot be enforced in law or court.

The court is right in rejecting the claim of the second purchaser.

For citations you may have to put your own efforts.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Yes second person will definitely get time to appeal. Court is generally not influenced. It has to pass a reasoned order and cannot pass a erroneous order. If such erroneous orders are passed it will be set aside by appellate court.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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