It will not be sale deed but agreement to sell. So dose not make any difference. If agreement to sell is without possession.
Most of sub registrars are corrupt.
Sirs Technical Query Mr. Sada Sold Land to Mr Manish and registered Sale-Documents in Office of Sub Registrar at Miraroad Hence, on Computer of Sub-Registrar at Sangamner the aforesaid Transaction must be visible (otherwise what is use of online digital India) And thereafter Mr Sada Sold same Land to Mr Builder and registered the Sale-Documents in same Office of Sub Registrar at Miraroad In such circumstances Question arise how and why the Sub-Registrar Miraroad allowed the Registration of Same Sale-Documents of same property to Two Different persons ? In such circumstances Further Question arise why Sub Registrar Miraroad did not take Objections on such Transactions ? Lastly In such circumstances why Sub Registrar Miraroad did not put his Remarks/Objections on such Transactions ? Is Sub-Registrar has no such Legal Duty and Legal Binding upon him ? Please Guide HARIOM
It will not be sale deed but agreement to sell. So dose not make any difference. If agreement to sell is without possession.
Most of sub registrars are corrupt.
Hello,
the principal of caveat emptor will come into role. It was the duty of Mr. Builder to check the documents before purchasing. Had he been diligent enough then he would have come to know that Mr. Sada is not the title holder of the property.
registrar is not duty bound to check the documents and the title history of land before doing the registry. However, if you do have knowledge of any statute which makes it mandatory for the registrar to check the title of the land before signing then you may lodge a complaint against the registrar for not discharging public function.
Legal the second sale deed will becomes invalid since Mr. Sada was not the title holder at the time of selling the land. Mr. Builder can file a suit against him and claim damages and refund. Also, he may go ahead and lodge a FIR for cheating
Regards
if sub registrar has wrongly registered sale deed in favour of builder your remedy is to take legal proceedings to set aside fraudulent sale
This is cheating, lodge a complaint with the Police Station, Mira Road and also file a criminal complaint against the Registrar, Builder and Sada being a party in this conspiracy.
1.File Writ Petition under Article 226 of the Constitution of India
2. It is duty of sub registrar.
3.you can also lodge a complaint.
You can file a complaint to the same and initiate inquiry. You can also approach court for cancellation of the other registration
You are very right that the previous registration records appears online at the time of registration of the property but this is the duty of the purchaser to verify that if any sale is made on the same property before going for registration it is not be registered Duty 2 check the entire record before doing any registration if you are agree for the purchase of the property and paying requisite stamp duty irresistible have no objection on that and he will have the property registered in your name as well in case you are facing any problem due to the double registry then you can go to the Court against the person under section 420 and 406 which is a criminal case and you can make also the register as a party
See it may be case that Mr. Manish has not mutated the property and using such document the property was again registered by fraud and cheating see earlier deeds does not reflect with the sub register he just register document based on record kept before him. sub registrar is not liable.
1) You have mentioned two different address of SRO for the registering same property.
2) Kindly provide further more details on which dates transactions took place date and timing.
3) Does Mira Road property comes under Sangamner - District ?
Both documents registered number , date , timing and place in which SRO it were registered so we can provide you extract details of your query.
The sub-registrar cannot go deep into the previous transactions of the property during the process of registration of any property before him owing to the workload before him.
There are supreme court judgments on this, however the sub-registrars have been told to exercise abundant caution over this when such things come to their knowledge before registering the document
Dear sir
The sub registrar office have to maintain all the record of transfer of land if he is doing such transaction then it could be a mistake. Or he is doing fraud and can be corrupt officer
Sub registrar is legally bound by the process and committed criminal offence by performing such transaction with full knowledge then you can file a complaint against sub registrar also.
Sir Both Agreements are registered in one and the same Office of Sub Registrar but at the gap of 3 years Sirji Party wants to file suit for cancellation of Cancellation Deed executed forcefully between Mr Manish and Mr. Sada and also for Cancellation of Sale- Agreements executed wrongly between Mr Sada and Mr.Builder What type of Suit and under which provisions suit must be filed and secondly in summer vacation whether Court will realise urgency and will allow to file such Suit And thirdly Whetehr Sub-Registrar must be made party to the suit please guide HARIOM
He can file a suit for cancellation of the cancellation deed before the concerned court having pecuniary jurisdiction in this subject matter.
Vacation courts are available everywhere where this case can be filed and the lawyer should be able to convince the court that since the matter is likely to be affected by the limitation act, it can be taken on file.
Yes, the sub registrar has to be made a necessary party to the suit.
There is no urgency in the matter
2) file suit to set aside sale deed executed between the parties
3) sub registrar should be made party to the suit
4) suit can be filed after summer vacations
Cancellation of deed under O7R1 CPC.
Yes, filling of suits no problem but effective hearing only after vacation.
Sub R will not be made party.
Suit for cancellation under specific relief act has to be filed see section 31 to 33 of specific relief act.
See there would be one incharge court and citing the urgency it can order to maintain status quo pending the suit and hearing for exh. 5 that is application for staty.
Sub-registrar office can be made formal party in same.