• Third person is making dispute

I have purchased a plot and got dakhil kharij (mutation) also. Now a third person is saying that he had agreement with the seller for the property. The seller had an agreement with the person on Rs.10 stamp without notary and also paid Rs.2,00,000/- to the seller. Meanwhile seller sold the property to me. Now third person is creating dispute, what to do now?
Asked 5 years ago in Property Law
Religion: Hindu

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23 Answers

Ask seller to take legal proceedings against seller 

 

2) buyer had un registered agreement with him whereas seller had executed registered sale deed in your favour 

 

3) no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

He may be frustrated because his deal didn't go through and you purchased the property.

He does not have any right to interfere in your peaceful possession of the property.

Ignore him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have to do nothing.  Whatever to be done is to be done by that person who has been cheated by the seller. It is a civil dispute.  In case he lodge any police complaint and police call you, show the police mutation and other relevant documents (copies only).   And in case he has any dispute with you and seller, let him take the legal recourse.   You have a good case in your favour and contest it boldly in case it is thrust upon you.  Good luck.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

See in case third person files a suit you may contest same further you can file suit and complaint against the seller in case of any adverse orders.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If third person's sale deed is not registered, as you said it is not notarized, then you need not to worry, if your sale deed is registered.

Seller has to repay his amount. 

Sanjeev Gupta
Advocate, New Delhi
119 Answers
1 Consultation

File suit seek injunction restraining third party from disturbing your possession of land 

 

2) also record his threats and file police complaint against him for criminal intimidation 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

A criminal complaint must be filed against him in the local police station. If the police do not respond or do anything then file a complaint before a magistrate.

Send a legal notice to him through an advocate.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File a suit for permanent  injunction restraining him from interfering in your possession and mandatory injunction directing him not to obstruct in raising the construction over the said plot and take stay order from the court.   Hire a local advocate and get it done immediately.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

- As per law , unregistered agreement is not admissible before the court , hence the agreement with the seller on Rs.10/- is having no value of law, except he may recover the paid amount to the seller .

- Further , as you have already get the property mutated in your name , then legally you are owner of the said property , and that  person cannot create any trouble in your possession and construction into the said property. 

- Yes, you can lodge a complaint before the police for his illegal acts and try to trespass in your property. . 

- Further if police not support , then file a Suit for Permanent Injunction before the court for restraining that person from disturbing in the construction work . 

Mohammed Shahzad
Advocate, Delhi
15876 Answers
243 Consultations

1. You should ask third person to claim the money from seller and leave you alone. 

2. You should lodge FIR against that person who is threatening you for damaging your construction and tell him that he should file suit if he want stay on construction.

3. You should also ask seller to solve the dispute otherwise you can file suit against seller and that person for permanent injunction to restrain him from stopping your construction.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If he is physically obstructing you go to police. If legally then approach civil court he can't obstruct you. 

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

No worries about the situation and threats of third person. 

Please approach Civil Court  suit for injunction and declaration of title against seller and third party based on your dakhil kharij ( mutation ).

This way you would be at peace and could carry out your construction work.

At this stage Police has no role to play for the action of criminal charges against the third person. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You have nothing to do with the new person who has reportedly entered into an agreement with your seller. 

He cannot approach you for any reason. 

He had relief only with the seller and not with you. 

If you have bought this property by a registered sale deed then your purchase is valid and cannot be challenged by him. 

You may ask the seller to sort out the issue,  if not you can ask the that person to take legal action for relief. 

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

If he is threatening to damage your property,  you may give a complaint against him with the local police. 

Besides you file a suit for permanent injunction against him to restrain him from interfering in your possession and enjoyment and also from doing any damage to your property as threatened by him. 

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

Dear sir,

1. He is not legally entitled to interfere with your possession. 

2. If at all he moves to the court, you'll only have to prove that you purchased the plot in good faith, without thee knowledge of the said earlier agreement and after paying money.

3. The third person can claim remedy only against the seller.   

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Reply to follow up question:

1. Issue a legal notice to the third person with all the details and asking him to refrain from illegal activities. Warn him that in case he interferes with the possession you'll initiate criminal and civil proceedings against him. You can contact me or any other lawyer through this portal for drafting a legal notice.  

2. If that doesn't deter him, you can lodge a complaint with the police having jurisdiction over the place where plot is situated.

3. If police doesn't take any action, file a suit for permanent injunction against him in the civil court.

Best wishes.     

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Yes, you can make complaints in police station against seller and that third person for creating problems. 

 

Plus in the sale deed there is a clause of indemnity. If any third person make any type of claim then seller is responsible for that. Kindly ask seller to short out  this issue. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

This is not a matter which the Police will entertain.

Approach the civil court and seek an order of injunction against the fellow who has been disturbing your peaceful possession and user upon this property. 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

You should immediately go to police and report the matter. Rs.10 stamp paper is not a agreement. File complaint to the police against him 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

dont worry, this dispute is between seller and third  party. ask seller to clear dispute immediately. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You may immediately file Suit for injunction against that person to restrain him to interfere in your land , if you have registered documents and tenable grounds then court will granted ad interim order on the same day of filing of the suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Dear Sir/Madam,

You are suggested to file the police complaint against your seller and this third person also. Also, file the suit of injunction for direction to third person to refrain from any activity.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

yes defiantly filed a written complain to the near by police station also complain CM office also and start you construction work smoothly.NO Issue at all.

Regards 

Adv Roshan Khatri,

High Court Lucknow  

Roshan Khatri
Advocate, LUCKNOW
138 Answers

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