1) You have verify AADHAAR Card and PAN card along with other photographs and address document to match with your sale deed.
2) Have you made indemnified point in sale deed strong or not ?
Purchased a plot with all originals now EC has another transaction earlier
Greetings! Recently i have purchased a plot and registered it on my name.I have verified EC and taken all original link documents and owner came and registered on my name and given Link Documents. Link document - registered in 1984 (9463/1984) - on Owner name. Now i have got it registered after paying money to owner. After one week of registration i got EC and found that there was a sale transaction in 2004 using the same link document (9463/1984) and i was surprised. One of my uncle suggested to get the CC copy of the 2004 document and i did the same and found that the photograph of the owner is not matching with mine.and there was LTI of owner whereas owner who sold to me is a retired government servant and used signature in my sale deed. registration on my name was done after Sub Registrar verifying the original link document and Aadhar card of the Owner. Please suggest what to do now. Thanks in advance.
Asked 5 years ago in Property Law
Religion: Hindu
16 Answers
Hi Sir, In case of Link document of 1984 there are no photographs affixed at that time. That is why some one else has put fake photo graph(Someone else photo) of the owner and they would have produced CC Copy and got it registered on his name where as original document of the Link of 1984 is with me.Original owner has not sold the property to anyone and EC before i purchased did not show 2004 transaction. 2) i have no idea sir about indemnified point but if i see the fact owner has sold it to me the document of 2004 is all fake sir i have CC copy with me.
Asked 5 years ago
File declaratory suit that you are are absolute owner of property
2) seek orders to set aside sale deed fraudulently made by purchaser
3) also file police complaint of cheating against purchaser
1) I need to review both the documents of yours for timing being do you have possession of the plot or not ?
Do not leave possession of the plot at any cost and stick with your latest sales deed agreement and present the old as fake document.
Section 34 and 35 of the Specific Relief Act lay down the law relating to declaratory decrees. A declaratory decree is a decree declaratory of a right which is doubtful or which requires to be cleared or pronounced by the courts in favour of the person approaching the court. The object of the declaratory decrees is to prevent future litigation by removing the existing cause of the controversy. In other words, if a cloud is cast upon the title or legal character of the rights of the plaintiff in any manner, he is entitled to seek the aid of the court to dispel it by way of a suit for declaration. The court considers the rival contentions and passes a decree of declaration establishing the rights of the parties to the suit.
You can not do anything now.
If later some claim is made by anyone then only you can fight for the case.
I do not think so that you need to worry about this, till some one stakes a claim
Regards
If fraudulent sale deed has been executed take legal proceedings as advised herein above
Dear Client,
No pic may be on last sale deed but when you registered it, his I`d must have attached, so at least name, address and signature can be verified and before purchase, you must have inquired about possession. IF all in certainty than you purchase is safe.
What is the document that pertains to the previous transaction?
If that document related matters are pertaining to the property you have purchased?
Did you enquire about this issue with the seller?
You produce the documents before a local lawyer and get his opinion.
There is a transaction that took place in this property prior to your purchase, whether it is fake or genuine.
This may create problem for you in the future when somebody is filing a declaration suit and for possession based on that registered document, hence you better make the matter clear now itself to avoid legal disputes in future.
If they have verified and registered its there liability. You need to approach the civil court to establish the title and confirming your registration in the said matter if registration dept doesn't give you a clear confirmation in writing.
Now after filing the case opposite party has approached me and he has agreed for a compromise by accepting some amount from me. The original sale deed on his name is not traceable at this moment and he is searching the same. Please suggest me to get the clear title legally if the litigation sale deed is missing, i want to apply for a home loan after setting the matter with the opposite party. Thanks in advance.
Asked 4 years ago
Let him first bring the original sale deed and tell him to execute irrovbale POa in your fovor than only agree for compromise
File consent terms in court
2) if sale deed is missing he ought to file police complaint about loss of original documents
3) issue public notice about loss of original documents
Without the original sale deed you should not go ahead with the purchase of this property .
If you buy the property without obtaining the original property documents, even the bank may not entertain you for the home loan.
Compromise should not be at cost of loss and hardships to you.
Rule 3 of Order 23 of the Civil Procedure Code (CPC) specifically permits compromise of a suit pending in the court. As per this, after a suit has been instituted in the court by plaintiff against the defendant, it is open to both the parties to compromise, adjust or settle it by an agreement or a compromise.
Before applying for Certified Copies , You should primarily file a police compliant regarding lost, stolen or missing original property papers and obtain the complaint copy for future reference.
You need to make them confirmation deed and get it registered. You need to execute indemnity bond too along with paper publication
1. Had you acted diligently before sale you would have discovered what you have now discovered after the sale.
2. Be that as it may, file a complaint for cheating and criminal breach of trust under Sections 420 and 406 IPC and also file a suit for declaration of the sale deed as void and non est on the ground that your consent was obtained fraudulently and also seek recovery of the entire sale consideration paid to the seller.
