A suit for cancellation of sale deed must be filed in the revenue courts where the land is located. A case of fraud criminal breach of trust and cheating must also be filed.
The case may take 1 2 years.
Property sold to two persons by same owner
Hi, I live in USA and I bought an agricultural land in 2020 from Person B in Telangana. It was registered on my name. As I did not have Aadhar card, I did not apply for mutation and I didnt have passbooks on my name. As Telangana govt recently implemented Dharani portal, my property details were not showing up in Dharani portal. Original land owner person A sold his property to person B and person B had an agreement on (GP) stamp paper. We bought that land from person B. Recently we found out that, person A sold the same property to his friend person C. How Can I proceed in this case and what actions can I take against person A and person C? We do have all the proofs including EC and person B is willing to cooperate with us in this case. if we go to civil court, how long it will take? Please advise.
Asked 4 years ago in Civil Law
11 Answers
You need to file a FIR against him. Also file recovery suit for your amount in civil court.
Try to send legal notice first and settle the same if he is ready to avoid litigation. Civil suit may take 2 to 3 yrs
File suit to set aside fraudulent sake deed executed by A
2) seek injunction restraining sale of property by C
3) also file case of cheating and criminal breach of trust against A
Validity of your title depends on following facts—
- If the property is sold by A to B through registered sale deed and B sold the property to through registered sale deed to you then you title is perfect.
- If the property is sold by A to C after A sold the property to B even than you title is clear.
- If the A sold the property to B without registration through agreement on GP stamp paper than your title is doubtful.
- If A sold property to C before selling it to B than your title is doubtful.
- If there is sale deed in your name was executed , then legally you are the legal absolute owner of the said property
- Mutation is only required for paying the property taxes and it not a proof of ownership
- Further, if the said property was not in the name of B , and he was having a simple agreement on stamp paper , then legally he cannot sell the property , and only A having right to sell the same.
- Hence, if B was having only an agreement with A to sell the property , even then B was not having authority to sell the property to you.
- You can lodge an FIR against A & B for the offence of cheating and breach of trust , and can file a suit for recovery of the paid amount.
Person B has AGPA and it is shown on EC too.
Asked 4 years ago
You have to file suit as mentioned herein above for setting aside sale deed as B on basis of POA had sold property to you
Dear Client,
As per the facts which have been provided, file recovery suit for your amount in civil court. The case may take 1-2 years.
Hope this clarifies your query and requirement.
Thank you.
In the given situation you may have to file a suit for declaration of title to your name on the basis of the registered sale deed in your favor and permanent injunction against A & C restraining them from alienating or further encumbering the property in any manner till the disposal of suit and for possession of property if you have not taken possession at the time of purchase of the property or till date.
Firstly if you are a NRI or a foreign citizen, then you are not eligible to purchase agricultural property on your name, therefore your purchase of agricultural property as a NRI is not valid and the sale entry on your name as reflected in the EC can be reversed if it is found to be true.
The sale deed executed by the GPA holder in favor of the prospective buyer especially during the lifetime of the principal is very much valid, therefore you can file a civil case if other issues raised in my previous post are satisfied.
If the GPA is executed prior to sale of property to C by A and B has executed sale deed in your favor prior to sale of property by B to C, than you have better title than C.
It's ok