• Cheating by property seller

i have purchased a site in 19/12/2014 after that i havetaken  khata extract & building license to construct the building & statrted construction now foundation is over now oneman came and telling that he  was purchased that site in 2004 dec but he was not taken khata extract & till today he was not paid any tax at all but sub registar registration is with him  what can we do now .now i have all documents in my name saledeed,khata extract , tax receipt ,license .
Asked 1 year ago in Property Law from Chitradurga, Karnataka
Religion: Hindu
1. It seems that you did not carry due diligence before the purchase of the property.

2. If the property purchased by you has been previously sold to another person then he alone could have sold it to you. Sale of the property by any one other than the owner is illegal.

3. The actual owner of the site can file a case for house trespass against you. Furthermore, he can file a case for your eviction in the court to evict you.

4. The legal recourse available to you is to move to court and file a case for cheating against the seller and also sue him for recovery of the amount paid by you towards the consideration of the site.

5. Your sale deed has no legal validity if it was not executed by the owner.

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
The first buyer is the lawful owner of the property even if he does not have the khata. You can claim ownership to the property as you purchased the property without knowing that it has been sold to someone else.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You can prosecute the seller for cheating.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
First of all take full revenue record of the land for 20 years. file a suit for taking information from the seller that at the time of sale he had right in the property or not. it takes less than 2 months. court will issue a summon to the seller to appear before the court and clarify his stand in writing. Then seller will be bound with his statement and in future he will be prevented to change his statement. 
After getting all record you should decide to initiate appropriate action either criminal or civil or both. because then you have all records in support of your action
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
1) if the property was sold  by seller to first buyer by regd sale deed then you cannot claim Right , title interest in said property 

2) if sale deed was not regd then you are bonaafide purchaser of  value 

3) you are in possession at present 

4?) let first buyer move court to claim property 

5) if he filed suit you file complaint of cheating and criminal breach of trust against seller
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1)You. Can seek refund of money paid by you with interest against seller if you have been defrauded 

2)contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1.The first buyer will have the right over the property.
2.You had purchased the property on 19/12/2014.  Did you not look into the Encumbrance Certificate and the transaction of 2004 would have come in EC.
3.Who sold the property to you?.  Lodge a complaint of cheating against that man, if it is proved that he has cheated you.
4.In Khata extract, if your name is shown as the Khatedar, then in municipal records your name is mutated and you are the valid owner of the property.
5.Where is the property located?. In Chitradurga or elsewhere..
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0
If the sale deed, khata extract, tax receipt, license are with your name, then you are the owner of the property.

First check the validity of the documents in your hand .Apply the encumbrance certificate and check the encumbrances.

Don’t lose the possession of the property. Don’t run to court fast, wait the possession is in your hand and license is in your name. If the other guy wants he may go to court and file case against the owner. Wait and see now but search about the legal values of the documents created in your name. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. Khata Extract in your name does not entitle you the title of the property,

2. Only Sale Deed is the document which establishes your ownership on the schedule of the property mentioned in the Title Deed,

3. Have you got the Title Deed executed and registered before the Registrar? 

4. Did you conduct registry search before buying the property to verify who is the title holder of the property?

5. The person in whose name the property stands in the registry office is the owner of the said property. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Have you made any agreement for sale or sale deed and got the same registered?

2. If you have not registered sale deed in your favour by paying stamp duty, then you are not the owner of the site,

3. Ask for the refund of the money you have paid to him and spent on your construction from the seller alongwith interest and damage,

4. Lodge a police complaint against him and file a consumer case against him before the Consumer Forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Registered sale deed entitles title of the property,

2. He can get the Khata done and pay tax later on also,

3. So, the property stands in the name of the title holder whose name has been registered as buyer by the Registrar while registering the sale deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You should lodge a police complaint first against the seller since he has cheated you by selling you the same property which he had sold to the other person earlier,

2. After that you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount you had paid and also the amount you have spend fpr the construction upon the said plot with interest, damage and cost. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. The seller is a cheat who has illegally sold the property to you when he had already sold it to other person earlier for which you can not expect him to refund/return you anything unless ordered by the Forum,

2. File the complaint case as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0