What to do if there is a double registry of a property
18-Mar-2023 (In Property Law)
No: 2. If the Registrar of Land , registered the land which has already been sold earlier to other party , ( i.e. Seller of Land who has already sold his land now sells his land twice to the third party) . No: 2. (a) If so how can Registrar can do registry of the said land which has already been sold by the seller by taking the registry Fees of around 9% in Total approx , Isint it is the liability of the Registrar’s not to get the registry of the said land which has already been sold off. If the same is done who will be liable for the same cause. No: 2 (b) If the double registry is done by the registrar who will get the position of the Land. No: 2 (c) If the double registry is done by the registrar what are the provisions of the compensations to the other party who is not getting the position of the said land.
An owner cannot sell a particular land twice to two different individuals, more specifically the owner, say Mr. X, does not remain owner after he sells his land to Mr. A. Thereafter, Mr. A becomes the owner and he can sell or alienate the land in whatever way he wants. Now if Mr. X tries to make a deed of sale in favour of Mr. B, such transaction is illegal and inoperative. Mr. A still remains the owner and should be the possessor as well. Mr. X is accused for criminal charge of cheating and criminal breach of trust under Section 420/406 of the Indian Penal Code. In such backdrop, Mr. B who has been cheated by Mr. X, should lodge such criminal case against him and put immense pressure upon him in every ways so that he returns back the amount he took for the void transaction. The registrar of land is no way liable as he only registrars the contract between two parties, he is in no way liable to find the original owner, rather it was the duty of Mr. B to do proper searching before entering into contract with Mr. X, if he would have done the same properly, the entry of sale transaction between Mr. X and Mr. A would be apparent. All the best. Regards
What is double register?
Double registration is a criminal offence punishable by fines or imprisonment. In 173 cases, double registration was observed through the use of different or the same job cards.
How do I cancel double registration?
Hello, to cancel double registration (assuming that there is a double registry for a particular property), you can file a case with the District Court for the cancellation of the second registration and affirmation of ownership rights.
Can a land be registered in two names in India?
It is possible to register the property in a joint name. Property can be registered under the joint names of more than two individuals. This is legal. 10-Mar-2022
What is the IPC section for double registration of land?
You can file a criminal case under section 420 IPC, mentioning the fact that the property you purchased earlier was resold. Attach the two registries to the complaint.
We can file writ in Calcutta high court but normally as per law the 2nd person who bought the land from the land owner after the first sale is liable to check the title of the property infact his advocate is liable... he can file case against the lawyer...
This is an act of fraudulence on the part of the seller if your statement is to be considered .At the same time , the purchaser (2nd) had failed and neglected to observe basic legal requirements - notification in the news paper, searching of the property status from local authority , verification of ROR and Mutation document from BLRO office etc.It is not the incumbent upon Registration authority to conduct "due diligence" on documents submitted by the parties.Besides needful​ action in the criminal court of law based on your complaint,you've the legal right to sue the stated offender in the appropriate court of law to recover your money (paid by you and money equivalent to damages caused to you) from the stated offender.This type of fraudulent action is very common incident and Legal remedy will be available to you.Should you feel my professional assistance is required contact lawRato.
Whether you have made searching of the property in question in all the registration office having jurisdiction over the property and if not then its your negligence. So far as registrar's duty is concerned he cannot be made liable as its not his duty to check whether property is registered in the name of some other person. You need to initiate criminal case against the seller and also take civil injunction in the civil court
When faced with a double registration of a property, it's crucial to take legal steps to resolve the issue. Here's a guide on what to do if there is a double registry of a property:
- Verify the Facts: Ensure that there is indeed a double registration issue. Obtain copies of all relevant property documents, including sale deeds, Encumbrance Certificates (EC), and property records.
- Consult an Attorney: Seek legal counsel from a property lawyer who specializes in real estate matters. They can provide guidance on how to proceed legally.
- Review Property Documents: Your lawyer will thoroughly review all property documents to understand the extent of the issue. They will look for discrepancies and inconsistencies.
- Contact the Parties Involved: Your lawyer may contact both parties involved in the double registration to gather more information and potentially negotiate a resolution.
- File a Legal Case: If a resolution cannot be reached through negotiation, your lawyer may advise you to file a legal case to rectify the double registration issue. This may involve filing a civil suit or taking other legal actions.
- Obtain a Stay Order: You can also seek a stay order from the court to prevent any further transactions or disputes related to the property until the issue is resolved.
- EC Correction: If the double registration affects the EC, your lawyer can help you apply for corrections to remove the duplicate entry. This will help clear the title of the property.
- Legal Procedures: Follow the legal procedures recommended by your attorney. This may include presenting evidence, attending court hearings, and complying with court orders.
- Stay Informed: Stay informed about the progress of your case and work closely with your lawyer to ensure a favorable outcome.
- Final Resolution: Once the legal process is completed, the court will issue a judgment or order that will resolve the double registration issue. This may involve canceling one of the registrations or taking other necessary actions to clear the title.
This can be done by visiting the local municipal office or sub-office. You will need a copy the documents pertaining to your property. Officials will check the EC to verify if the property has been double-registered. You can check it online as an alternative.
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 Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."