• Land allocation to two persons

Last year my father bought a piece of land in Kanpur. After all legal formalities were over he started the construction of our house. Few days later we were asked to stop the work by one person who claimed that it was his land. We went to the person from whom we had bought the land. He too had no idea about this and he gave the contacts of the previous owner from whom he had bought the same land. Everything seemed okay on the papers. We restarted the construction thinking that he is just creating nuisance and is a fraud. Few days later again he came with stay order and we had to stop the work. When we went deep into the matter and cross checked all of his legal papers too we found that the original owner of the land sold the same land to two buyers; once by his own name and then by his wife's name. The previous owner wants to settle the issue with money to which the other person is not agreeing. He is asking for land in some other place to which the owners are not agreeing. Due to the fraud of owners our money is trapped and we can not continue with the construction.  One more person who bought the land piece just beside our land is facing the same issue as his land was also sold to the same person. Kindly advice what action can we take to resolve this issue in our favour as soon as possible.
Asked 1 year ago in Property Law from Kanpur, Uttar Pradesh
Religion: Hindu
1. How has the said stay order been collected without your getting Court summons in connection with their application for the said stay order or the related suit?

2. You have stated that the property was sold to two buyers once in his own name and another by his wife's name. Was it a joint property? Even in that case both the owners shall have to sign the sale deed otherwise the sale will not be valid,

3. Your query is deficient in providing important facts to advise you properly,

4. However, if the same property has been sold twice by same persons, the sale deed which was registered first will be considered as valid,

5. You can lodge a police complaint against the seller for cheating you,.

6. Since it is a land only which was sold to you without any construction thereupon, you can not approach the Consumer Court.  

Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1)as on date stay is in operation as original owner had fraudulently sold the land to 2 persons including the person from whom you bought the land '

2) your sale deed must have an indemnity clause 

3) ask your seller to refund money paid by you for purchase of land and cancel the sale deed 

4) criminal complaint of cheating , criminal breach of trust can be filed against the original owner of land 


Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1. You omitted carrying due diligence before purchasing the property. 

2. The stay order has to be obeyed unless it is set aside by a higher court.

3. The previous owner can be prosecuted for cheating and fraud for selling the land to more than one buyer. 

4. The person who has obtained the stay order is entitled to recover the land from you if he bought it earlier in time. He is under no obligation to compensate you as he has not committed any offence.

5. You can file a lawsuit against your seller to annul the sale and demand the refund of the consideration paid as the sale is vitiated by fraud. To this end, you may issue a lawyer's notice to the seller. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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First of all you should file a counter to his stay petition which was decided exparte and also seek to vacate it,
Then you should file a written statement to the suit he has filed and pending.
You should challenge the case based on the merits in your side which can be evidently proved by the registered sale deed document held in your possession. In the mean time contact the vendor and put pressure on him to mresolve the issue or you wold lodge a complaint against him for the offences of cheating. 
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
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You dont have any case against the owner. You can lodge a complaint against the seller alone who sold you the property.
The time taken in civil case cannot be predicted. You can do nothing to speed p the process. You have to go by the court because the functioning of courts and the proceedings depend on various factors due to which the courts are constrained to expedite the proceedings. 
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
1) your cause of action is against the person who sold you land whose title is defective 

2) on basis of indemnity clause in sale deed you can seek to recover your money paid by you with interest 

3) if seller declines to pay you have to file suit for recovery of amount paid by you to seller with interest 

4) suit may take some years to be disposed of depending upon pendency of cases in court 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. You stated that the land was first sold in wife's name. What do you mean by it. Who was the title holder of the land? Was the wife the title holder of the land? Did you not make any registry search while buying the said land?

2. If wife was the title holder, then she had sold it first to your seller and in such case the said sale is valid,

3. If she was not the title holder then her sale to your seller is illegal and your consequent purchase from your seller is invalid,

4. You are required to lodge police complaint in the name of your seller and also from whom he bough the said land i.e. the wife,

5. You are required to file a Recovery Suit also against your seller.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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