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Court passed order regarding our land in favour of another person
14-Mar-2023 (In Property Law)
Sir, My father purchased a land from 'X' party on Oct 1988 with a registered sale deed. we had also take a registered 'patte' from Nagar Parishad in the year 2013, As we are planning to sale the aforesaid property. recently we came to know that a guy had approach the court in the year of 1989 to the civil court for Specific performance of contract as he had some sale agreement with Rs five stamp paper made in the year of 1985. The court order the decree of the said land in the favour of that guy without to our knowledge. Now we are planning to approach the court for that land. Is there any clause that without the knowledge of present condition of the land, a magistrate can pass that type of order. As we had all documents with us like Sahmati patra of X party legal heirs, registered sale deed, Nagarparishad patte for aforesaid land. Please help us how we can move further.
You have complete chance to success as per the facts stated by you. It seems the order is ex-parte and you can set it aside. you should be quick enough to proceed with. you may contact to me personally with entire file and entire copy of the civil case file.
Helpful?
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Adv. J K Agrawal
Jaipur | 100+ Answers
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my dear friend , it is a clear case of cheating
Mr. X sold you a land which was disputed when Mr . X made a sale agreement for the said land with other person then how come Mr. X sell his land again to another person whatever the circumstances Mr. X could not sell his land again firstly agreement had to be cancelled by him before entering in new sell agreement ,now court passed the decree in the favour of that guy .
you have certain legal remedies
1 . lodge a FIR against Mr. X (if he alive )
2 . file civil suit against his legal heirs in case of Mr. X died out
An important thing is how and when you have come to know about all this and who is bona fide purchaser mind it things can be changed if you are the bona fide purchaser .
contact for details.
Mr. X sold you a land which was disputed when Mr . X made a sale agreement for the said land with other person then how come Mr. X sell his land again to another person whatever the circumstances Mr. X could not sell his land again firstly agreement had to be cancelled by him before entering in new sell agreement ,now court passed the decree in the favour of that guy .
you have certain legal remedies
1 . lodge a FIR against Mr. X (if he alive )
2 . file civil suit against his legal heirs in case of Mr. X died out
An important thing is how and when you have come to know about all this and who is bona fide purchaser mind it things can be changed if you are the bona fide purchaser .
contact for details.
Helpful?
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Adv. Manish Gupta
Jaipur | 100+ Answers
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You may file a regular first appeal before the concern district judge against the judgement and decree passed by the megistrate by seeking leave and submit all the documents you are having with respect to property in question or you may initiate criminal proceedings also against the vendor for cheating
Helpful?
12+
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Adv. Dinesh Kumar Garg
Jaipur | 100+ Answers
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