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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.
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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Adv. B.A.Zahirudeen
Mayiladuthurai | 25+ Answers
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Can same property be sold twice?
1. Once a property has been sold to you, it cannot be sold again. The purchaser of your property and subsequent buyers do not have any rights, title or interest in it.
What is the Supreme Court Judgement on registered agreement to sell?
The Supreme Court has ruled that although an Agreement to Sale does not transfer ownership rights to an immovable, if the prospective buyer performs their part of the agreement and takes possession of the property then they are said to have acquired possessory titles and the same applies... 07 Jun 2023
What is the Supreme Court Judgement on the sale of property through GPA?
The Supreme Court (SC), while stating that general powers of attorney (GPAs) are not legal, ruled that registered deeds alone provide legal backing to these transactions. You may also be interested in: How do I become a co-owner? 20-Oct-2023
What is the Supreme Court Judgement on cancellation of sale deed?
Supreme Court of India In the case of Vidhyadhar v. Manik rao (AIR 1999SC 1441), it was held by the Supreme Court that the non-payment of a portion of the purchase price did not affect the validity of a sale. The sale deed cant be canceled because the buyer didnt pay the full amount. 11-Oct-2023
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.
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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Adv. Johnson Thangiah
Tirunelveli | 25+ Answers
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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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Adv. R Vandhana Gayathri
Kanchipuram | 25+ Answers
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