• Ownership require

I am purchase the plot in 1990 from developer , sale deed done but mutations not happen, developer sale same plot in 2000 to Mr. X , Mr X resale same property in 2016 my question is who is owner? And what will we do for ownership ? Can I will be owner the same property
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

If you have purchased property through registered sale deed you are absolute owner of property

2) you have to file declaratory suit that you are absolute owner of property abdcseek orfers to set aside subsequent sales

3) mutation dies not confer title to property

4) it ya only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Since you purchased the property from owner file.cheating case on developer and further for cancellation of sale deed to and by Mr. X and an injunction application so that it is not sold further.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir you have to get there deed cancelled as it is by fraud and cheating. It can take time but you will get stay you won't loose property

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

1) If the sale deed is a registered one, you shall be the rightful owner.Take steps to erect a boundary wall to secure it and take possession.

2) You will certainly face opposition as there have been subsequent sales and owners.You must also file a complaint/FIR at the police station against the person who sold the land to you and sold it to some one else earlier.

3) The fact that you have not taken any legal steps to secure your ownership will need to be explained if you have not made any thus far.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

1. Developer has committed a Criminal Offence by duplicate selling of the plot. Even if mutation is not done you from 1990 will remain the owner. File police FIR against the builder.

2. Find out from the revenue records as to who is the owner on their records.

3. File application with the revenue office for mutation. AND if this fails then move civil court for declaration and directions for mutation.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You ha evto fole suit to set aside sale deeds

2) disposal of suit depends upon pendency of cases in trial court

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

If the property was first sold to you then you are the title holder of the flat

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You will have to file a suit for cancellation of the sale deed on the ground that you have recently gained the knowledge of the said subsequent transfer and you happen to be the actual holder of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

you have to file complaint against the said developer for cheating u/s 402,468 and thereafter you have to file civil suit for recovery of money along with interest against them before jurisdictional civil court Or you can file civil suit and take injunction order.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Do you have a registered sale deed in your favour?

if not then you will have to file a declaratory suit in Court to declare you as owner of plot

you will have to make developer and all the third parties as defendants in your suit

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

This is a fraud you can file an FIR first against the builder. If you have the possession then don't worry. You can approach the civil court for the title. You can also approach Consumer Court for damages and deficiency.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

If you have purchased the plot through registered sale deed then claim the title on the basis of that sale deed. File declaration of title and persmanent injunction suit in civil court. Along with that file suit for cancellation of sale deed too.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Your purchase of plot through registered sale deed then you are abosolute owner of plot,mutation doesn't effect your ownership

You can file case against developer

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Check records at revenue office of plot you purchased, who is the owner in revenue records

Then proceed for further action against developer

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

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