• Same property sold two times by same person

The family belong to mother and one daughter(MINOR)after the death of husband/father. The mother and daughter got the property after the death of her husband/ father in equal share. The mother sold the daughter's (Minor) share as guardian mother in the year 2001 to another person. The purchase person sold the land in small plots to others in 2001. In the year 2013, some portion of same land had sold by mother and daughter jointly when the daughter grown up as major. One of the purchaser in the year 2001 did not mutate the land plot but the purchaser of 2013 has mutate the plot of land. The deed of purchaser 2013 has no specific demarcation of land only Dag No.mentioning the middle plot of dag no.of all sides (east, west, north, south) etc. Now I want to know that whether the mother has done fraud by signing as a guardian mother in 2001 and signed jointly with her major daughter in 2013. Purchaser of 2001 now want to mutate and sell the plot of land. One think I want to mention that after scrutiny from B.L.R office that the land of major part still in the name of diseased husband/father. What to do in this present status, please suggest me.The deed of purchaser 2001 has full detailed drawing of  plot. And now want to sell.
Asked 3 years ago in Property Law from Chinsurah, dist- Hooghly, West Bengal
Religion: Hindu
1) sale of minor share needs court consent .

2)minor daughter should on attaining majority ought to have move court to set aside sale 

3)once property is sold title passes on buyer . mother daughter could not have sold property again . i presume earlier sale was by regd sale deed 

4) file criminal complaint of cheating criminal breach of trust against the mother 

5)purchaser of property should file declaratory suit that he is the owner of the property and to set aside  mutation done in favour of subsequent purchaser in 2013
Ajay Sethi
Advocate, Mumbai
46856 Answers
2772 Consultations

5.0 on 5.0

1. The mother has certainly committed a fraud by illegally selling her minor daughter's property in 2001. This type of fraud is rampant in W.B.,

2. Mother has no right to sell her minor daughter's share of the property with out taking permission from the District Judge who is considered as the trustee for all the minor's property of his area of jurisdiction.

3. The joint sale in the year 2013 when the daughter was a major, is legal,

4. The sale deed of the year 2001 is invalid,

5. Lodge a police complaint of cheating against the lady,

6. If the property consists of  a construction and land only, the said buyer should now  file a complaint case against the lady before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming amount of money which will be required by you to purchase same area of land in similar locality with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

Hi sir/madam, the 1st purchaser purchase the said plot through registered sale deed or not, if not registered  sale deed, it will bound to present with in the 4 months from the date of executing the sale deed for registration before the sub-registrar office. If not present within the date, the same has present the absolute sale deed for registration by paying present market stamp duty along with fine amount for the delay of registering the said sale deed. Before buying the property the buyer is very careful  i.e., caveat emptor, it is the duty of the purchaser to scrutiny of the documents of the property which was he buy the property. In this matter, to present the said sale deed as aforesaid mentioned to follow up it. After registration you have to produce the said sale deed and mutated the name of the purchaser and got the revenue documents and sold the same to third party which he like. One more important point is that  1st purchaser is having full right. 2nd purchaser having no right over the above said property.
C. V. Jadhav
Advocate, Bangalore
501 Answers
15 Consultations

4.7 on 5.0

How are concerned with this?, are you a purchaser?
Well, the mother has no rights to sell the share of  the property belonging to minor without permission of court of law. 
If she is selling the same property once again then it is an illegal and fraudulent act. 
The mutation record will not confer title to the property, only registered deed will convey title to the owner of the property.
T Kalaiselvan
Advocate, Vellore
37030 Answers
403 Consultations

5.0 on 5.0

1. The property of a minor cannot be sold except with a court order. The sale made by the mother is illegal, and can be declared so by the court if it is challenged by the daughter on attaining the age of majority.

2. Absence of mutation is immaterial if the title is clear.
Ashish Davessar
Advocate, Jaipur
23173 Answers
641 Consultations

5.0 on 5.0

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