Property sold twice. How to stop other person from taking possession?


My father sold house 2 me did sale agreement feb2014 receipt final payment oct14 n gav possession leter oct 2014 n i have house GPA oct13 non document is registered we had verbal agreement will do sale deed in oct 2015 In jun 2015 father sold house. with out my notice, m living in same house. Buyer will take posession of house next month. what legal option do i have. is it possible to file FIR complaint for fraud with police n in court can i get stay on above non registered documents. how can i stop possesion of house can i send notice to buyer house sold to me can i rent out room n shop

Answers (3)


104 votes

Sir, yours is a difficult situation and would require a detailed examination of all the relevant documents before reasonably commenting thereon. However, on the face of it you may have a case to meet against any person claiming title in the property


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97 votes

An agreement to sell in delhi does not need registration. Your remedy lies first under civil law to file a suit for specific performance and seek declaration that the sale deed in favour of buyer is invalid.. Your remedy to take possession and stay lies in a civil court and filing an FIR will not help that cause.

For me to give you a final opinion and the strength of ur case I would need to see all the papers. Getting a stay is possible in a Civil suit.

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134 votes

Yes you should approach both the criminal courts through the police or the concerned magistrate and pursue civil proceedings at the same time. You will have to file a suit to have the property conveyed and you will also be required to pay the stamp duty as applicable.

The documents you have made do not confer you with title. You can only defend your possession of the property based on such paperwork though as I understand you are neither in possession of the same. Do get in touch if I could be of any further help to you.

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