• Can a registered property which is in my name be sold to someone else by builder with knowledge

We brought a piece of land along with my sister in law in a layout near Hyderabad in 2016 April. My husband gave the POA to his dad for the transaction. Everything was fine. past months the builder has been forcing us to sell the property at the double rate as the prices went up. But my father in law says the latest EC shows our property is registered on someone else's name where as my Sister in law's property is still on her name. Is it possible for the builder to legally sell the property to someone else and get it registered even thought we already registered it on my husband's name with POA to my father in law.
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

No builder cannot do so it is criminal offence it is cheating fraud and breach of trust and if he did so by forged documents he need to be prosecuted for same and the transaction has to be cancelled by way of filing a suit .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) If the property is registered on your father-in-law name than need to check all mutation papers from last 30 years till current date.

 

2) If your land area has been under the control of land mafia than the above situation may take place.

 

3) So without look or reviewing the land papers it's hard to come on conclusion what went wrong exactly. 

 

4) Kindly provide Name, Survey or Katha Number and other agreements, address of the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You cannot be forced to sell property  against  your wishes 

 

2) builder cannot  sell property to third party once property is registered in your names 

 

3) in case builder has done so file suit to set aside subsequent sale deed 

 

4) file complaint of cheating against the builder under section 420 of IPC 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See entry in the EC may be wrongly or fraudulently made seek the complete information and then initiate legal action on same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Take search in sub registrar office whether any sale deed has been registered in another party name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No it's a illegal act of cheating. You can file FIR, you can file suit as well as Consumer dispute in this case

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The land was purchased by you and a registered sale deed was done. But the mutation must also be done in the revenue records. If it is not done the name of the previous owner shall reflect in the records. Your sister must have done the mutation as the property was registered in her name.

In your case it was through a power of attorney and the supreme court has held that selling or buying through power of attorney does not confer ownership rights.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes it may be possible and therefore you should come and get it registered in your name and change in the records.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Normally any transaction which is registered will get reflected in the Encumbrance Certificate (E.C). At times there might be missing entry in the EC. This can be stated to the concern Sub-registrar and he will issue a fresh corrected E.C. Get it scrutinized by a good property lawyer in your locality, for satisfaction you can obtain certified copies from SRO. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Check whether the dale deed you have properly registered or not.

2. if both your husband and your SIL jointly the same land then EC shows either of their name which is alright.

3. If you were the first buyer then subsequent sale by the developer of the same land to someone else is not harming to your title.

4 Visit the Revenue office and check the records to find out any anomaly.

5. if any mischief is there then better sell it and in vestment the money in some other clean property. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. firstly your FIL needs to check with the authority how the EC is reflecting someone else's name when property stands in your husband's name

2. plz ask him to apply for a certified copy of the agreement under which the person whose name reflects in the EC has been sold the property

3. secondly check the POA whether it has a clause for power to sell on behalf of owner

4. if there is any such clause then the POA is compulsorily required to be registered, check that

5. you need to investigate as to how the EC is reflecting a third party's name and accordingly take necessary legal steps to delete that person's name by filing a suit in court

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Any immovable property which is registered in your name cannot be sold by the builder without power of attorney which should be registered in his name authorising him to do the same.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If the same has been done by the builder you can file a police complaint against him for cheating, fraud, criminal breach of trust and forgery under section 406, 415, 420 and 468 of the Indian penal code.

Before proceeding to file the police complaint please check thoroughly with the registrar office whether the same is a typographical error or fraud has been played by the builder in reality.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Can be sold but it`s a criminal offense, Actual ownership will rest in you. Can file police complain against the builder.

Anything possible, builders and govt. employees are crooks.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

Lodge FIR against that builder Or file criminal complaint case by alleging fraud before.magistrate....you can also file civil suit for declaring sale deed of third person and purchaser null and void... 

You will have to file a civil suit for declaration of title against the person who sold the property and who purchased the property with an additional relief of declaring the sale deed in favour of third person as null and void. 
You have a strong case.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Did your father in law executed a POA in favour of the builder while executing the development agreement with the builder?

 

2. If yes, then he might have misused it and soild the land to some one with out youyr knowledge.

 

3. First of all conduct a search from the local office of your Registrar and collect certified copy of the deed of conveyance registered therein in case the said prioperty has been found to be sold.

 

4. Thereafter file a declaratory suit praying for a declaration that the said sale deed has been fraudulently registered without your knowledge and consent making it invalid and also praying for a direction upon the Registrar to cancel the registration of the said Sale Deed. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

It is not possible for someone to sell the property to a third person without any valid documents or without any title to the property until and unless the seller used fraudulent means to sell the property by creating fabricated documents and impersonate the original owner before the registrar's office.

Your father in law might have mistaken the EC hence you may better obtain the certified cop[y of the document which is showing the transaction in the EC on a third persons;'s name and decide about the legal course of action to protect your interests in it. Discuss with your advocate at length on this and proceed.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Have you sen the details and scrutinized the same properly before jumping into any such conclusion?

You may consult an advocate in the local and then decide about next course of action on this.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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