• Same agricultural land registered in two different names

Dear all ,

I had bought a property , agricultural land in rajasthan , after buying the land i got the mutation done in my name. However, after some time i received a notice from court that the Person A has registered a case against the property.

After , all my investigation , I came to know that the same Khasra number land had been sold to him 2 months before it was sold to me. however he did not get his mutation registered whereas i had it done.

my question is - 

1. who will be considered legal owner of the land?

2. What legal options do i have?

3. how should i proceed to safegaurd my property.

Asked 3 years ago in Property Law from Jaipur, Rajasthan
1. The first purchaser if the sale is validly one is considered to be the legal owner.
2. Take refund of the amount you gave to buy the land.
3. Forget the property. Ask for refund. It is your best bet in this situation.
Devajyoti Barman
Advocate, Kolkata
12823 Answers
166 Consultations

5.0 on 5.0

A. First come, first serve - First purchaser will have first preferetial right over the property subject to following legal validity of Sale i.e, Sale Deed registration by paying prescribed stamp duty.

B. Did you give paper publication regarding public notice to buy the land at the time of deal the land?. If so, it will be easy that you would be consider bonafide purchaser, so you are entitled to obtain money back with suit cost and interest along with damages. Lodge the police complaint against the land lords under the cheating.

C. As rightly pointed out Mr. Devajyoti Barman, you have the option to refund the amount or issue legal notice to the landowner to settle the matter.
B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

1) if the first owner has registered sale deed in his favour prior to your purchase he would have ownership rights on said land . 

2) file criminal complaint of cheating and criminal breach of trust against seller if he refuses to refund money paid by you with interest 

3) amicable settlement is your best bet . suits for property take around 15 years to be disposed of
Ajay Sethi
Advocate, Mumbai
45488 Answers
2673 Consultations

5.0 on 5.0

1.the person who first purchased land is the real legal owner.

2.send legal notice to seller to refund ur amount asap.

3. u can file cheating case in magistrate court against seller.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

1. You said that " he did not get his mutation registered whereas i had it done. Do you mean to say that he has not registered his Sale Deed where as you registered your sale deed?

2. If that is the case then you are the valid owner of the property,

3. Contest the case filed by the othger buyer fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

Hi, one who is better title and he will be considered as a owner but subject to the result of the suit and i don't think you have not scrutinize the property document before you have purchased the property therefore you are in trouble and it is better you contest the case and prove your title.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Just get it checked in the encumbrance certificate.you can appear in court and show the details of purchase and mutation date and defend yourself if sold earlier you can check the same from registration office.check the same and revert back here.if he has purchased and is seen in the records he will be the owner of the same.you can issue a legal notice for refund of your amount and then file a suit for specific oerformance and cheating with damages. Lodge a police complaint too.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

In this condition you should file a criminal case against the seller and the person whose name is in khasra. It is tough for you to prove your ownership over the land. Khasra is an important legal document and prima fecie his ownership is established. 

You can file case for the offence punishable under section 419/420/504/506 IPC. You have very limited remedy. You are cheated by the seller so you can initiate only criminal proceeding against them. You can't file civil suit because first owner has registered sale deed in his favour prior to your purchase he would have ownership rights on said land but you can contest that civil suit and put your all evidence before the court.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. It seems that you did not carry out legal due diligence prior to purchasing the property to ascertain whether the seller has absolute ownership of the land you intend to purchase from him.

2. None of us can say who will be held as the legal owner of the land by the court as ownership flows out of the title deed. So if the individual who has filed the case has the title deed of the land, he will be held as the legal owner of the land.

3. On many occasions the property owned by some one is trespassed by some one else and the latter then sells it by forging the title deed, in which event the lawful owner has the right to recover the property from the purchaser who purchased it without knowing that the seller is not the lawful owner of the property. This is why prior due diligence assumes a lot of significance.

4. The only legal option that you have is to seek refund of the amount you paid towards sale consideration. If the seller does not refund the amount on his free volition then move to court against him.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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