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Person sold property already belonging to someone, how to claim money
09-Aug-2023 (In Property Law)
Vacant site purchased in 2015 but that site was already registered to others in 1988. Now on asking the landlord who sold the site to us, is saying that the documents of 1988 are not original. And on obtaining EC from SRO, 2 different ec's came showing either our name or the one who purchased the site in 1988. Finally asked him to settle the issue by returning the amount paid towards purchase of site and will cancel the regd. deed. But he is not in a position to return back the amount and saying that I have not cheated. So how to settle the issue.
first of all you will have to ascertain that the title of the person who sold you the property was valid and lawful or not. secondly are you having physical possession on the property or not . If sellers title was valid and lawful, you are lawful owner and if his title was not valid, your title too is void. if so you may file one criminal case for cheating and other recovery suit.
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Adv. S K Singh Chauhan
Gwalior | 100+ Answers
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Let the landlord say he did not cheat, you can still file a civil suit against him for recovery of the purchase amount from him.
You can also make all those people party in the civil suit in whose name the property was allegedly registered in 1988 or anytime, with the landlord to whom you paid the purchase amount.
Let the good faith on the part of the landlord be decided by the Court.
You can also make all those people party in the civil suit in whose name the property was allegedly registered in 1988 or anytime, with the landlord to whom you paid the purchase amount.
Let the good faith on the part of the landlord be decided by the Court.
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Adv. Sandeep Naik
Indore | 200+ Answers
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