Property registered to 2 members by Society
20-Sep-2023 (In Property Law)
Hello Sir, I have purchased the site,In the year 2013 from a person basically that property sold by Society to him.Last month I came to know that same site has been allotted and registered to 2 parties by Society.the Story is at the year 2002 the society allotted and registered the site no-10 to Party A first and after 6 months again society registered the same site no-10 to party B.The society registered the site to Party A first.Then Party B sold the property to another party C and registered to C in sub registrar office.Again After 2 years Party C sold it to Party D and registered in sub registrar office.My fate,I purchased the property from Party D in year 2013.While purchasing the property I took the 50% of loan from the bank.The property got registered on my name and mortgaged to bank on the same day.I was paying the regular EMI to the bank till this period of time and I recently came to know the property Initially registered to 2 members from society.So Please help me out
First of all the seller has no title to the property he sold to you, neither ownership nor possessory. Therefore in the eyes of law, the title to the property has not passed to any of you starting from party B. This is a transaction which is void abinitio ( non existent from the beginning). The law recognizes transfer of property from one to another subject to actual transfer of title possessed from one to another. Here B had no absolute title to property to sell it to someone.
This is a case where you have to approach the court on principles of “ QUANTUM MERIT”. You have to pull with the help of the court others , we mean, your predecessors who bought the property and sold in seriatum. You may get a certain share of the value.
Make banker from whom you have availed loan also a party.
You have to move a case of cheating against the society taking the seller from whom you bought by your side.
All these are based on you being an innocent purchaser( not a colluding buyer knowing beforehand the status)
Dr Gubbi, Counselor & Advocate, Bangalore
This is a case where you have to approach the court on principles of “ QUANTUM MERIT”. You have to pull with the help of the court others , we mean, your predecessors who bought the property and sold in seriatum. You may get a certain share of the value.
Make banker from whom you have availed loan also a party.
You have to move a case of cheating against the society taking the seller from whom you bought by your side.
All these are based on you being an innocent purchaser( not a colluding buyer knowing beforehand the status)
Dr Gubbi, Counselor & Advocate, Bangalore
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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