What to do if there is a double registry of a property

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.

Answers (4)

116 votes

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

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327 votes

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

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289 votes

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.

347 votes

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...

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