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Clarification on sale of property already sold to another buyer


04-Jan-2023 (In Civil Law)
seller has executed the sale deed but denied to appear to registrar office as the seller was instructed by this brother not to goto registrar office also did mindwash that he can help them selling the property for more money. My Sale deed was kept pending at District registrar office with reason:'executant failed to appear at registrar office' which is a valid reason to keep the document pending under registration act.I also applied for compulsory registration within in the right time at District registrar office. In the meantime the seller has sold the same property in the year 2014 to his brother's wife. will the second sale be valid??Please comment. as per the transfer of property act the second sale will be invalid when the property is in litigation, please let me know. Note:District registrar summoned the sellers and did the enquiry, the sellers has agreed that they executed the deed and now willing to register the document.
Answers (3)

Answer #1
989 votes
It is a clear case of cheating and foregery, which falls under 419 and 420 of IPC. r/w 34.you should file a petition for compulsory registration and after cancelling the subsequent deed you deed will be valid.
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Advocate B.A.Zahirudeen

Adv. B.A.Zahirudeen

LawRato Mayiladuthurai | 25+ Answers
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Answer #2
810 votes
Sir, It is simple to file a civil suit against the defaulter before the juristic court Under specific performance ACT. In this suit the plaintiff can impleads the district registrar as the defendants.
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Advocate Johnson Thangiah

Adv. Johnson Thangiah

LawRatoTirunelveli | 25+ Answers
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Answer #3
801 votes
You need to file suit for specific performance so that you can get your sale deed registered. As per transfer of property act, second sale is invalid if the property is in litigation. But in your case, you have not filed any litigation. It is only pending before district registrar. Hence you are required to seek relief in court. You can file suit for specific performance along with declaration that sale deed is null and void
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Advocate R Vandhana Gayathri

Adv. R Vandhana Gayathri

LawRatoKanchipuram | 25+ Answers
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