property sold twice is it possible to file FIR complaint for fraud

My father sold house 2 me sale agrement feb 2014 hav receipt final payment oct14, n possession leter oct 2014 n have WILL n GPA oct 13 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 i 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 possession of house. can i send notice to buyer house is sold feb14 can i rent room and shop

Answers (2)

129 votes

Once a person enters into an agreement to sell and receives full or part of the consideration/sale amount, he is bound to follow it and cannot sell to any other person unless the earlier agreement gets cancelled.
As you said you are living in the property of which you have entered into the agreement and seller has later on sold the property to some other person and that the buyer is about to take possession of that property, in these circumstances you should first file a suit for specific performance and mandatory injunction against the seller of the property to save your possession and then proceed to file a police complaint. In these type of cases, if you prima facie show that you have entered into the agreement and have paid the part money and is also ready to pay the remaining sale consideration then court, in most of the cases, grant stay on first date of hearing.
Yes you can also send notice to the buyer informing him about the factual position that you have already entered into the agreement and is in possession of the property also.

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116 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.. 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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