A suit for permanent injunction should be filed in the district court immediately.
An fir against the seller and buyer should also be filed. Obtain a copy of the latest sale deed.
Property sold to me in 2008 is resold by same seller to another in 2022
HI , I bought a property in North Bangalore in 2008 with Khatha and paid tax as well couple of times . In 2020 , same property was sold to some one else in as kuntas by same seller and the buyer is trying to build some shed . Can you please advise what are my rights here and how I can get possession of property. Thanks Sreeni
Asked 2 years ago in Property Law
Religion: Hindu
16 Answers
What are the best options for me now to get it and how can I sell it now legally.
Asked 2 years ago
That property is yours and hence obtain a court order on that stopping any construction.
That property is yours and hence obtain a court order on that stopping any construction.
Dear Client,
The actual owner can file a civil lawsuit for declaration and possession. A civil suit can be filed for cancellations of conveyance deed vide which the property has been transferred illegally. A civil lawsuit can be filed for declaration of conveyance deed as null and void with respect to the share of the owner.
Thankyou
You have to file suit to set aside fraudulent sale deed
also file police complaint of cheating , criminal breach of trust against seller
Act as mentioned herein above
you cannot sell it now but need orders to set aside subsequent sale deed
You can take criminal action against the seller and file a civil suit for declaration, possession, cancellation of sale deed and and stay from creating third party interest and raising any constructions.
Hello,
- First of all you have to get an order from the court to restrain the present buyer from making any construction until your petition seeking possession is decided.This would mean a substantive suit seeking possession.
- In the meantime you must also get an FIR lodged against the seller who committed outright fraud upon you.
- In fact you can sell it legally now as you have an authentic sale agreement in your name. However, you must ensure that the new buyer is taken out of possession and the purchaser is made aware of the circumstances. The case ic court will take time for a decision.
Dear Querist
Immediately issue a legal notice to the seller from which you purchased that property and also file a criminal complaint against him/her for the offence of cheating committed by him/her by selling the same property to another person.
Apart from the above you may file a civil suit against the seller and new buyer for declaration and possession of the property along with an application for Temporary injunction under Order XXXIX Rule 1 & 2 of Civil procedure Code-1908.
Feel Free to call
You need to file an FIR for cheating against that seller. Also go against him under specific relief Act for injunction
You have to send a legal notice first to the second buyer asserting your title and asking him to vacate the property on or before a deadline set. In case of default, file a suit for declaration of title and possession of your property at the proper court through a local lawyer.
- Since, the said seller sold that same property to another person then he has committed the offence of cheating and breach of trust , hence you can lodge an FIR against him for the said offence.
- Further, if another person is going to build some shed , then you can file an Injunction suit before the court where this property is based for restraining him for the same.
- If you unable to come to India, then this can be possible after giving POA to any person living in India.
1. Did you purchase the said property after conducting property search from the local Registrar's Office?
2. If you had purchased the property before it was further sold to the other buyer, then you are the valid title holder of the said property.
3. If you find that you have been cheated, then you shall have to lodge a police complaint against the seller for cheating you.
4. Thereafter you shall have to file a suit claiming refund of the amount paid by you with interest, damage and cost and also file an application u/o 39 r 1 & 2 of CPC praying for an order restraining the seller to deal with his exiting properties before the suit is disposed of.
If the other purchaser has bought the property after you have registered your sale deed, then you can also file the suit against the said buyer and file the application u/o 39 r 1 & 2 as advised in my earlier post.
If you have a registered sale deed in your favor evidencing the purchase of the property in question duly executed by the vendor you may file an injunction suit before appropriate court against the intruder restraining him from interfering in your possession and enjoyment of the property.
If you want to sell the property before any litigation then you can find out a prospective buyer and ttry to sell it however the new buyer may not allow the buyer to occupy the proeprty because he too is having a registered sale deed in his favor.
Therefore you may have to approach court seeking mandatory injunction against him restraining him to interfering in your possession and enjoyment.
After the court order you can sell the property.
1. You have first charge on the property as you bought this property in 2008 itself.
2. Complain against the seller to the jurisdictional Police Station, charging the seller for cheating you U/s. 420.
3. Bring an Injunction Order from the jurisdictional Court in respect of the property.
4. Publish a Public Notice in English and local language newspapers regarding your property.
5. File a suit in the jurisdictional Court for declaring you as the legal owner.
