• Same land two owners like double entry site

I have bought a Residental site in 2014 from seller my parent doc registered in 2005.Now a new person came with document which was registered in 1993 and he also bought from the same seller who also gave sale in 2005.now we both approached the first seller.He agreed to give a new dtcp site as compensation for me and asked me to give a sale to first person who bought in 1993.is it a right way.please give me a legal advice regarding this
Asked 5 years ago in Property Law
Religion: Hindu

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25 Answers

Amicable settlement is best option 

 

2) since he is ready to grant you new site in lieu of proeprty sold to you accept his offer 

 

3) your sale deed should be cancelled with consent of parties 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Ask him to give in writing and first get property sale registered in compensation site. till that time don't vacate the property possession.

 

If you have possession of the property then on adverse possession basis you can make it your claim on property and ask the same case to regular  on your name and ask that previous to get new compensation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

This is just an arrangement. Actually the said second transaction is fraudulent. You can go for the said option if you require the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear sir,

1. Verify the claim of the 1993 sale at sub registrar's office. It might be possible that they both have colluded and trying to play a fraud on you.

2. If the claim is true, go for the settlement if the market value of the new site is equivalent or more than the current side. But conduct proper enquiries about the new site to ensure that the seller is having a clear title..

3. Cancel the 2014 sale deed only after the new deed is executed and registered in your name.

Best wishes.   

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

- Since , the said seller has sold the same property to two persons ,i.e. you and another , then he has committed offence of cheating and breach of trust .

- However, as both of you having registered documents in their support , then you can cancel the sale deed after executing a cancellation deed with the seller , to make the owner to the another person legally. 

- After getting registered the new property in your name , you can only cancel the sale deed of earlier plot , but cannot registered in favour of another person , as he is already having his sale deed in his favour. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need not give any sale. As that seller have already purchased the property much before than you did.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

NO way. First of all you are bonafide purchaser of site. And your title is also got perfected by adverse possession. Where was he from 1993 ?

Avoid them and if problem create, file FIR agasint both of cheating and crimianl breach of trust. 


Let him approach court to claim his possession and title, you title is secure and have strong case.

He agreed to give a new dtcp site as compensation - ASK HIM TO SHOW YOU NEW SITE AND EXECUTE SALE DEED FIRST AND FIRST PROVE CLEAR TITLE. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir/Madam,

It seems that the seller has done some misdeed with you and you are suggested to check the encumbrance of the new site so that you are not duped again. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Please prepare deeds of settlement amongst all of you and get it registered with competent authorities under Registration Act 1908.

Matter end , No worries. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If he is trustworthy get the sale done in your name.

G.Rajaganapathy

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

This is an illegal act done by the seller. 

You can lodge a criminal complaint against him with the local police for the crime of cheating. 

If you want to amicably settle the matter then you may have to draw an agreement with the seller about the arrangement he is making to avoid further losses to you in this regard. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

if he ready for settlement then settle dispute Amicably and execute an agreement with seller. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File suit against seller and third party 

 

file consent terms in court wherein he agrees to offer you alternative site and you agree for cancellation of sale deed in your favour 

 

consent decree passed by court can be registered

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Amicable settlement is out of personal understanding between the parties while rectification deed is legal before sub-registrar. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Yes it is a correct solution because if you go for legal dispute then your sale will be cancelled as null and void due to subsequent sale of property.

2. You should ask first seller to register some other land on your name as soon as possible Otherwise you will Lodge FIR against him for fraud and criminal breach of trust.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Amicable settlement is settlement between you both parties. Yes if both of you are agreeing then the said office will assist you

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is fraid and forgery. Maybe the site he is offering has been sold to someone else. Lodge a criminal complaint against him immediately and a civil suit for refund of money along with interest.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No rectification can be done. You should ask the refund and file for cancellation of sale deed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

resolution between disputing parties either before or after court action. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The amicable settlement is meant by the solution acceptable to both the parties. It can be done by any ways keeping both the parties in agreement and the normal settlement can be part of this. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Amicable settlement is mutual discussion to end issue. It has nothing to do with resigtrstion. In your case, you should FIR against seller if he not settle matter with previous owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Amicable settlement , i.e. settle the dispute with each other without going court and legal actions . 

- It is not a deed , just advise that you can settle your dispute without taking legal actions against each other. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes sub-registrar will surely accept 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If the seller is coming out with a solution to give another property of same size and value elsewhere, you can better go ahead with the proposed arrangement.

This is called as an amicable settlement.

If you go to court or the opposite part goes to court then the matter will be dragged for years, where both the parties will be suffering loss of money, energy and time.

Think over it properly and take a wise decision 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that the Sam land has been bought two different buyers in two different years.
  2. I would like to apprise you that there is no term of executed document as Amicable Settlement, it is as same as Settlement Deed.
  3. You should be careful while drafting of the deed as it needs to be included all aspects of the story and now the saying of the builder.
  4. After this, if anyone changes his statements then you have a legal way to approach the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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