Double registration on same property
I was purchased one land covering 228 Sq Yards in Vijayawada. When I was purchased the land lord who Sambireddy registered on my name in 1993 in Mangalagiri Sub Registrar office. In 2002 He again registered the same land to other person in Peda Kakani Sub Registrar Office.
In 1993 to till 2002 this property covered under Mangalagiri Sub Registrar and after 2002 shifted from There to Peda Kakani Sub Registrar Office.
Now I approached for EC it reflects my name in 1993 and 2002 another name appears.
Pls suggest which is fair registration for me or others. Request for action plan for the same
Asked 4 years ago in Property Law from Vijayawada, Andhra Pradesh
Mere change of jurisdiction (sub- registrar office) does not invalidate your right on the property. So you have every right to set things right, it is not a waste if you are compelled to take legal recourse for your rightful remedy.
You can file a criminal complaint under section 420 IPC against the seller mentioning that the property which was sold to you earlier has been resold to another person. Get the copy of the second registry and attach both the registries along with the complaint.
Further you can file a civil suit for cancellation of the registered sale deed. I suggest you take both civil and criminal actions simultaneously, this increases your chance of success.
Go as per advise of Advocate Nishant Bora.
Advocate, New Delhi
Seek directions for striking out the second registration from the records of the sub-registrar. Scrutinize your property rights with a competent lawyer and seek legal advice for proper action.
A property once sold to a person cannot be resold to any one else except by the owner. The seller loses all rights over the property the moment he sells the property characterized by registration. Hence, the subsequent sale by a person not being the owner is illegal and amounts to cheating and forgery. The two fold legal recourse required to be pursued has been mentioned below.
1. File a case for cancellation of the second registry in the District Court and for affirmation of your ownership rights.
2. File a criminal case directly in court for cheating and forgery against the person who sold the property in spite of not being the owner thereof.