• Property sold twice

My father sold the house to me on sale agreement in yr feb 2014 house registry is in fathers name  i have two  wills (one registered in 1994 second one feb 14)  two  receipt feb14 final  receipt payment oct14,  and possession leter oct 2014 and  i also have  bak date house GPA oct 13 non document is registered. except WILL in 1994. we had verbal agreement that will get sale deed done afer one year n will move out oct 2015
In jun 2015 father sold the house. with out my notice  i m still living in same house buyer will take posession of house next month. 
what legal option do i have. is it possible to file FIR complaint for fraud with police n in court 
can i get stay on the above non registered documents. 
how can i stop the possession of house. 
can i send the notice to the buyers this house u bought is illegal.
father is very sick if he dies before giving the possession wat will hapen.
can i rent out the premises and the shop. based on above documents  just to create more problem for the buyer when he comes to take possession
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Sikh
1) your father ought to have executed registered sale deed in your favour 

2) will takes effect only on death of testator 

3) your father can during his lifetime sell the property inspite of will or GPA executed by him . 

4)in order to confer clear and marketable title to the property your agreement ought to have been registered

5)you can move court and seek stay of sale on grounds that by agreement for sale entered into februray 2014 you had paid your father full consideration of the flat . your father had acknowledged receipt of payment and delivered possession to you 

6) only sale deed  remained to be executed and your father on account of ill health could not do so 

7)you can file case of cheating , criminal breach of trust against your father 

8) you can refuse to vacate the house 

9) don't create any third party rights on the house 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Hello,
1) If your father has sold the house to you for a consideration and has received payments and the receipts are in evidence of the same he can not sell it to someone else.However the Sale Agreement being not registered has rendered the the Agreement invalid before the court of law.You don't have a clear title of the property as a result

2) you can file case of cheating , criminal breach of trust against your father as he has sold it to some one else after having sold it to you.

3) You can certainly approach the court to get a stay stating that you had bought the house on payment of consideration and have the receipt of the payment and that your father had handed over the possession of the house to you.You may state that due to your father's failing health the registration could not be completed.

4) Do not give possession to the buyer by refusing to move out and in case he complaints to the police you need to state the details to the police and make them aware that the matter is before the court.The police can not involve where the matter is sub - judice.

5) If your father dies before giving possession the buyer can move court to evict you and take possession. Therefore you need to move court first and secure a stay immediately.Engage a local lawyer immediately.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
what legal option do i have. is it possible to file FIR complaint for fraud with police n in court 
You can lodge a criminal complaint  against your father for cheating you especially after entering into a sale agreement and having received full sale consideration amount but  illegally sold the  property to a third person with an intention to cheat you. 


can i get stay on the above non registered documents. 
You can file a suit for specific performance of contract seeking specific reliefs and injunction restraining  the  defendants to not to alienate further  as well as to not to initiate possession process other than  by due process of law.


can i send the notice to the buyers this house u bought is illegal.
You should send a  legal notice to your father to perform  his part of contract and express your willingness to perform your part of contract as per the sale agreement.  You do not have to write to the buyer about this. 



father is very sick if he dies before giving the possession wat will hapen.
You can initiate due process of law against the other legal heirs of your father to complete the sale agreement  by executing a sale deed duly registered on  you.




can i rent out the premises and the shop. based on above documents  just to create more problem for the buyer when he comes to take possession
It would be illegal to rent out the premises which is yet to belong to you legally,take the help ofalocal advocate in the event of any such crisis.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1. Your father had executed an agreement to sell in your favour. Unless the agreement was cancelled you can challenge the sale made by him as you can claim rights under the agreement.

2. Any legal notice to the buyer will be futile.

3. The only legal recourse which can be adopted to stop the buyer from taking the possession is by challenging the sale deed and seeking a stay on the possession by the buyer. The death of your father before delivery of possession will not stop the buyer from taking the possession as the sale deed has been executed.

4. You cannot rent out the premises as the same has been sold.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
423 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0