86+ Lawyers are online 
Clarification on title when same plot being sold to two persons
22-Nov-2023 (In Civil Law)
My father purchased a plot from a party who in turn purchased from a developer cum co-owner(Name- 'A') [by referring to a link document wherein 'A' purchased some land] in 1988. The other co-owner(Name-'B') cum developer has sold the same plot in 2013 to others [by referring to a link document- GPA (executed in 1984)wherein it is mentioned that A&B are the owners of the land and A&B has appointed B as attorney cum developer to sell the plots]. Now, that the same plot is sold to two parties by the co-owners in different time frame, the plot belongs to whom ( to my father who purchased in 1988) or to the one who purchased in 2013 through the GPA holder cum co-owner. In simple words, 'A' sold the plot after giving GPA to 'B' and 'B' sold the the same plot based on the GPA after 15 years. Where do we stand legally?. Please advice!
As the title to B is not passed except the GPA, the persons claiming under B cannot claim right, title. If B can support his claim with consideration and other factors supporting his claim, he will stand a chance to file a Civil suit for declaration and also for Criminal action for cheating and other penal provisions. The court will protect the possession of one, who is found to be in peaceful possession.
Helpful?
34+
34+
It is your duty to verify all documents before initiation of the process to purchasing plot. What is the statement of 'A" now. A is cheated by not disclosing the facts about GPA. However it is better consult a lawyer nearby your area.
Helpful?
49+
49+
Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
CONTACT NOW
the first purchaser of the property shall have right to retain under section 48 of the transfer of property act and the second purchaser can seek return of the consideration amount from the vendor and if wanted any one can file 420 against the vendor for dual sale
Helpful?
49+
49+
Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
CONTACT NOW
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.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
