You have to file suit to set aside sale deed in favour of second party and further sales made
2) make purchasers party to suit
3) also file case of cheating , criminal breach of trust against original seller
Hi all, Few months ago, I had posted this question of rectification of the sale deed (https://www.kaanoon.com/278803/how-to-rectify-sale-deed-in-this-case). After this lockdown period, when we started initialization of this rectification process, we came to know that, the same property was sold to another person by the same ABC limited company. That too just 6 months after we had purchased. Now the other party who had purchased (say Mr. Second Party) the same plot later, has divided the plots into small small plots and sold it to multiple parties. His name is also added in the mutation form. Need to know with your experience and knowledge, 1. How to proceed further with this issue? 2. How same property can be sold to two parties? That too different dimensions. 3. If we have failed to get mutation due to wrong names, how did he succeeded? These are questions running in my mind. Thanks in Advance
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You have to file suit to set aside sale deed in favour of second party and further sales made
2) make purchasers party to suit
3) also file case of cheating , criminal breach of trust against original seller
NOTE: From our side sale deed rectification is still pending.
Sale is illegal. File FIR against company director and purchaser.
Mere error in sale deed dose not effect your title.
1. A property once sold to you can not be sold further. Therefore the purchaser from your seller and the subsequent buyers have got no right, title and interest in the property. So you can file a suit for declaration of your title and injunction. If physical possession is also taken away then seek additional relief of delivery of possession.
2. This is an illegal act and a crime as well. So lodge complaint with police to register FIR.
3. To cancel mutation apply before the Municipal authority and thereafter file writ petition in high court.
1. Lodge a Police complaint against the ABC limited company U/s. 420 for cheating you.
2. Since you have purchased the property 1st, you are entitled to 1st charge on the property.
3. File a case in the competent court against the ABC limited company for the act of fraud committed on you. Also, you can file a complaint against the Sub Registrar, where the 2nd registration of the same property was effected.
4. Lodge a complaint in the jurisdictional Municipal/Corporation, for mutation of the property in the 2nd purchaser's name.
1. Firstly lodge a complaint before the police and higher official for the offence of cheating and breach of trust against ABC Company, as selling the same property to two persons is illegal.
- Further, file a Declaration & Permanent Injunction suit before the court against other parties on the ground they are agents of ABC Company and declare the other sale deed as null and void.
2. It is an offence
3. Send a notice and complaint copy to the Registrar and revenue office for stopping further registry and mutation, and thereby request to cancel the same.
- Even your rectification of sale deed is pending , then also you can take legal steps against that company.
Since you have registered sale deed in your possession for the property purchased by you, it would be better that you file a suit for declaration to declare your title to the property and to the extent you have purchased by the registered sale deed.
You can get an advocate appointed as commissioner to inspect the suit property and with the help of government surveyor and the revenue officials, you can get your property marked and seek possession of property that has been encroached by the opponents without any valid documents.
You do not have to file for cancellation of their sale deed, you may concentrate on your cause of action alone.
The rectification of sale deed is a differnt subject.
You may follow it up in different channel accordingly.
If it is possible you can get it executed even before filing this suit for declaration of title.
Same parties are sold to two parties as an act of fraud. The seller needs to be booked for cheating and the sale transaction must be cancelled through suit
Please move immediately before Court of Law for temporary injunction under order 39 and section 151 of C P C 1908 against all who are in possession and having title of your property .
Simultaneously move before the police Station and file FIR for cheating and forgery under section 420,465,467,471 r/w 34 of I PC against Vendor who has sold you the property.
You may also move against the seller of the property and subsequent purchaser of the same property for the suit for the permanent injunction and declaration of the title of the disputed property under section 34 and 38 of Specific Relief Act.
If value of the property is less than one Crore then District Court otherwise Bombay High Court Original Side Goa Bench at Panjim will have pecuniary jurisdiction for the Suit for injunction and declaration of title over the disputed property.
Dear Sir,
You are suggested to file the declaration and injunction suit in the District Court for the declaration of sale deed to second party and subsequent sales null and void and injunction that the said parties can't use the property any more.
Knowing that the company does not exist anymore and is shut down long ago and thats why they sold the plots, do you guys think it will be still valid to file case against company as I dont know anyone from the company? Also the person who was given power of attorney is not traceable.
You just file FIR against buyer and seller. Details must be in sale deed executed between them. Police will trace them, you don`t bother.
You need to file an FIR against all known ans unknown person for the same. Without traceable you can't expect any reliefs from court too. But if the company is existing you can demand liquidation or attachment of assets
File the case against the company represented by Directors.
It doesn't make any difference whether Directiors are now traceable or not.
Dear Sir,
In the circumstances mentioned by you, the steps would be taken of substitutive services and the court may proceed accordingly.
you purchased the property prior to the company under a registered document
though there was some error in your document, for which you are taking steps for rectification, that in itself would make your case no less weak
because once there is a registered document in favour of another party, then the buying party is deemed to have knowledge about it and ought not to have purchased the same property
now you will have to file a suit against the buyer and his transferees
the details of the buyer you will get from his registered sale deed
in this suit you also have to join your vendor as a party defendant
You can file the case against the non existent company and also untraceable power agent too.
Summons can be sent to their last known address.
After getting the summons returned undelivered, you may follow further procedures to get an exparte order.
Then you can file an execution petition as per law to execute the decree in your favor.
You first consult an advocate in the local and discuss the subject matter at length and proceed as suggested.
1. You need to file suit for cancellation of all the sales deed against all the current owners of flats, person who sold the property to current owners and who sold the property to you.
2. Also lodge FIR for fraud against seller for selling property which was already sold to you.
3. One property cannot be sold twice and subsequent sales deed can be declared as null and void if you file the suit.
- If the official of the the said closed company is out of reach , then you cannot file a case against him , but you can file a complaint against the company for cheating.
- Further , file a Declaration suit against the persons who are claiming the owner after rectified the Sale deed.
Now the problem is area of the plots are different. We both purchased plot from same seller. Area of plots are mentioned differently in both of our sale deeds. Moreover all other info except plot dimension is matching in both of our sale deed (survey number, register number, book number etc). Is there any way to find out which dimension is proper one and which is wrong? What are the possible steps I can take if my sale deed contains wrong dimensions (which means I have been cheated), does my sale deed still holds first preference, or it is complete loss for me?
Please approach office of Tehsildar, Dy.Collector of your District and apply for certified true copy of extract of your land which would provide you clear ideas of land with respect to correct dimension and total area of land which you own .
The Corporate doesn't die natural death it has to be processed for closure and winding up.
Therefore Company very much exist may be defunct. You may take legal action against defunct company and its employees, directors and shareholders to recover your dues.
Apply to survey office for demarcation of boundaries of your plot
if there is mistake then deed of rectification has to be executed by seller
You have purchased a property by a registered sale deed with the extent and boundaries properly mentioned in the sale deed.
Since you say that there is a difference in the extent, you apply for survey of your property through revenue department.
The government surveyor will measure the property s per the revenue records with the help of village revenue officer and submit his report.
If you find any discrepancy to that of the report and your holding as per registered document, then you can drag the seller to court of law demanding correct extent of properly as per the sale deed executed in your favor or to refund the excess amount charged by him in the same suit.
1. You can make application under RTI to get details of dimensions of plots in your area.
2. Yes your sales deed will hold preference even if dimensions mentuoned on your sales deed are not correct.
Any errors in sale deed, however minute or unintentional it may be, can lead to litigation and may result in the cancellation of the transaction. A sale deed is executed on a stamp paper of considerable value and it is not possible to execute different sale deeds when errors are detected. In such cases, a rectification deed can be executed to make the necessary corrections without affecting the transaction.
You need to find out all the facts and then file cheating with police or FIR. Yes it holds preference. Also take. Escalated the matter through court later once filed
The company is closed but a criminal complaint should be filed against the persons who owned the company.