Same plot sold to different people with different plot numbers
I bought a residential property in Bengaluru, which now comes under Bruhat Bengaluru Mahanagara Palike. I have taken loan from Bank to buy this property and the original property documents are with bank now. After an year, a 3rd party has come now and claiming that the plot has been sold to him. He also gave the complete set of documents from mother deed and it shows that the plot number has changed with complete different layout plan (difference in plot numbers). I also gave his documents to advocate and verified that even his documents are correct. Both of ours documents have proper deed, EC, Khata certificates. The only difference between our documents is, for me, the land has been sold from original land owner with registered sale deed, and for him, it has been sold from registered GPA, (from GPA holder), on behalf of original land owner, with original land owner signature. And also the the GPA holder has sold it before original land owner has sold. When I contacted advocate, they said, both documents looks valid and are authenticated in the system.
Now I don't know how to solve this problem. Should I contact bank for help ? Should I file cheating case against 3rd party or the person who sold plot to me ?
How can we solve this problem ?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) your agreement with land owner must have indemnity clause wherein seller indemnifies you against claim made in respect of said plot if any
2) under Section 55 of T.P. Act, in the sale by the seller to the buyer, there is always an implied warranty that the seller would make good the title in case either he has no title or his title was subsequently found to be discovered to the defective or he should compensate the buyer for the loss sustained by him.
3) you can file suit to recover the money paid by you with interest as title of seller is defective
You should have taken out a paper publication in the form of a Public Notice, stating that you intend to purchase this plot from the original land owner and if any person/s having any manner of right, title or interest in this plot carved out of Sy No so and so, should give their objections within 7 days from date of publication. If this had been done and thereafter the other owner claiming to having purchased it through a registered GPA would not be entitled to the said plot.
Now you after purchase have created a charge over the said property and you are in peaceful possession of the plot. Even though he purchased it before you, you can protect your purchase by filing a suit for declaration, declaring that the earlier purchaser made through a GPA be declared null and void, and that your sale made by the subsequent original land owner be declared as legal and binding.
You will have to make the original land owner, his GPA Holder, and the subsequent purchaser as necessary parties to the said suit.
Initiate this process or you stand to lose out the plot.
This could have been avoided if the opinion of lawyers was obtained before the purchase of property. Be that as it may, the sale deed in favour of this person, which was executed by GPA holder for an on behalf of the owner, was executed prior in time to the execution of sale deed in your favour. As a corollary thereto, title to property passed to him and he alone could have sold it further. This person can file a suit for eviction against you to evict you from the property the title to which rests with him.
2. The remedy for you is to file a criminal complaint for cheating and breach of trust against your seller who sold the property to you despite it being already sold to someone else. This apart, a suit for recovery of consideration paid to him with compensation for mental agony is also required to be filed. However, no action lies against the current owner as he has not seemingly violated any provision of law.
Under the said situation you may file a suit for declaration to declare your title to the property on the basis of the registered sale deed in your possession. Let the court decide the ownership or title t the property.
Thanks for the awesome answers. Following up with your answers, I also had small shed with electricity meter (in old owners name) in my plot. The 3rd party guy has removed everything and cleared the plot. I want to give police compliant against him for electricity meter theft. Do you guys have any opinion ? Also Based on my conversation with local people, that GPA looks like "created" one. How do I verify whether the GPA is really valid or "cheated created" one ? In the GPA, only 3 people (A mother and 2 sons, who are in RTC) have given GPA to person in 1994 and he has sold it down the chain but in my registered mother deed document, 6 people (A mother and 2 sons "3 daughters" as well) have divided the land (2 acres) into 6 parts in 2003 (with registered document) and on the same day 5 people (excluding the mother) have sold all their parts to another person who has sold down the chain. In this, will GPA be still valid once sale of land is done by real owner ? Also I see a signature difference of 2nd son in my document chain compare to one in GPA. How can I verify this ?
Asked 2 years ago
1) if electricity meter has been stolen file police complaint against said person
2) you have to check with the principal whether they have executed said POA
3) if signatures are forged then take opinion of handwriting expert as to whether POA has been signed by the principal . He can give opinion on comparison with other documents signed by seller
4) file police complaint against said person fur cheating , fabrication of documents
The irregularities you have observed now with regard to the GPA execution, number of legal heirs to the GPA nd ll other observations can be taken up before court during trial proceedings only.
Since you are in possession and enjoyment of the property do not make any attempt to legalise your purchase, your purchase is already by a legally valid document as per the deed of conveyance under the provisions of transfer of property act.
If the other party needs a relief let him go to the court where you can prove your title and argue your case based on the lacuna and irregularities observed with the opposite party.
1. You can file a police complaint for theft against him but this does not cure the defect, if any, in your title.
2. Show the GPA to a lawyer who will be able to tell if it is genuine or forged. If required, title search should be conducted in the officer of SR.