I am owner and posseser of 2 acres land in survey No. 100 which is commercial. I have sold 0.1 R(size-33××33) plot in 1999 to "A". "A" sold this plot in 2005 to my son. Boundries of such plots are as under. East- Remaining land of the owner West- Plot of Sham North- Internal Road South- Remaining land of owner. Now in7/12 extract my son is owner of 00).1 R land. My son sold this plot in Aug 2015 to "B". He is heavy drinker. But sale deed is executed with false boundries. He sold my another plot which has more value. Boundries of the sale deed in favour of "B" is as under. East- Vilas( My Brother) West- Highway Road( Nasik Road) North- Vilas South- Madhukar My son executed false boundries in sale deed in favour of "B" which are not as the boundries as privious sale deed which I have executed in sale deed in favour of " A" or in sale deed which is executed by "A" in favour of my son. My son gave the possession to "B" of the plot which having more value than original plot. Now I want to vacate "B" and also wants to cancel the said sale deed on the ground of different boundries mentioned in 2 sale deeds. What remady i have? What should I do? Please Suggest me.
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1) your son could not have sold the plot that he did not own . The schedule to property should reflect boundaries as per original sale deed
2) if your son has given possession of plot which is owned by you issue legal notice to purchaser to vacate plot owned by you . Notice should also be issued to your son to rectify sale deed executed by him
3) file suit for eviction
4) also apply to survey office fir demarcation of boundaries of plot owned by you
5) contact a local lawyer
Sir, Now "B" is going to sell said plot to"X". Agreement to sell has been executed by B in favour of X. I am unable to gett the copy of agreement to sell because it is private document and not registered. What measures I have for restricting B from creating third party interest? I have given paper publication in daliy news paper that said plot's boundries are false and also I have send the copy of paper publication to "X" by RPD. There is any citation regarding ex party Temprory injunctions?( Because date of execution of sale deed is determind by B and X is 15th June) Can I register my plaint(Exhibit-1) copy in the office of sub registrar under the provisions of Indian Registration Act? If yes, then what will effect of it on restricting alienation? Can I bring suit for cancelation of sale deed and declaration? Please provide me some citations regarding this.
1) you should move court and seek injunction restraining B from selling the plot . make your son , B and purchaser X parties to the suit
2) you can have papers circulated for urgent reliefs after issue of notice to defendants
3) court would grant order for maintenance of staus quo and direct defendants to file reply
4) defendants would fie reply to interim application and after arguments court would grant you stay pending hearing and final disposal of suit
5) In the case of Dipakbhai Manilal Patel (supra), Court has held and observed in paragraph No. 4 to 6 reads as under:-
(4). Whenever, the Suit pertaining to immovable property is filed, the provisions of Section 52 of the Transfer of Properties Act are applicable on the principles of lis pendens in normal circumstances. you can the notice of pend ency of Suit
5) The essential purpose of registration is to see that any person who may be interested to purchase the property when undertakes the title search of the property with the sub- registrar, the person concerned would be put to notice that a particular suit is pending before the competent Court and therefore, he may not be misguided or if with conscious knowledge, the person concerned has purchased the property, the purchaser may not be in a position to contend that he was not aware about the pendency of the litigation
Now I want to vacate "B" and also wants to cancel the said sale deed on the ground of different boundries mentioned in 2 sale deeds. What remady i have? What should I do? Please Suggest me.
If your son has sold your property then it ios an illegal sale and invalid in the eyes of law and not binding on you, you can file a mandatory injunction suit for this.
However if your son has sold the plot but handed over possession of another plot that belongs to you with false boundaries, you have to file a suit for possession and declaration of title since the same has been encroached or illegally occupied in the name of purchasing the adjacent plot.
Therefore suit for possession and declaration of title with an application to not alienate or create encumbrance till the disposal of main suit shall be the better option as of now.
Can I register my plaint(Exhibit-1) copy in the office of sub registrar under the provisions of Indian Registration Act? If yes, then what will effect of it on restricting alienation?
Can I bring suit for cancelation of sale deed and declaration?
Please provide me some citations regarding this.
You may have to file a suit for possession of your landed property and declaration of your title to the portion of property occupied by B along with an application under order XXXIX rule 1 and 2 seeking exparte ad interim injunction on the same lines till the disposal of suit restraining the defendants from alienating or encumbering the property any further immediately. You have act faster. You may produce the documents and other evidences in your possession to obtain ad interim injunction.
1. You have to file a suit for cancellation of the sale deed executed by your son apart from seeking the eviction of B.
2. The remedy to stop B from selling the plot to X is to file a suit for injunction against him.
3. There is no provision to register a copy of plaint in the office of registrar. An injunction alone can restrain B from creating third party rights.
4. Do not run after citations. The facts and evidence of the case are the deciding touchstone.
