What to do if there is a double registry of a property?
This can be done by visiting the area’s municipal corporation or the sub-registrar’s office. For this, you need to have a copy of the property papers. The officials will check the EC and confirm if the property is double registered or not.
Can a property be registered twice?
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) .
What is a double registration?
Related to Double registration registration means a registration effected by preparing and filing a registration statement or similar document in compliance with the requirements of the Securities Act, and the applicable rules and regulations promulgated thereunder, and such registration statement becoming effective.
How can I remove double registration from EC?
File a police complaint against the same. Send that person a legal notice or else you can directly file a declaration suit for the court to declare such property as your property and also solve the dispute of the double registry on that piece of land.
Can a land be sold twice?
A recent Supreme Court ruling dated 28 May 2019, analyses a case in which a same property is sold to two different buyers and it declares once more the importance of registering your property at the Land Registry.
What is a double sale?
DOUBLE SALES The law as to the legal effect of successive sales of the same specific thing by the same seller to different buyer. Page 1. DOUBLE SALES. The law as to the legal effect of successive sales of the same specific thing by the same seller to different buyers is still unsettled.
How do I cancel fake land registration?
A police complaint can be filed for cheating and fraud. A complaint also lies to the Revenue Authorities or concerned local bodies (Sub Registrar) bringing to their notice the illegal registration and requesting for cancellation of illegal registration.
Can same property be sold twice?
One property cannot be sold twice and subsequent sales deed can be declared as null and void if you file the suit.
Who has better right in double sale?
Thus, the person who is preferred by the law in case of double sale, in order of priority is: (1) the first person to register the sale in good faith; then (2) the first possessor in good faith; and lastly, (3) the buyer who in good faith presents the oldest title.
What are the rules in case there is double sale?
The rule on double sale as provided in Article 1544 of the Civil Code states that: If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property.
Can a registered document be challenged?
Analysis, Law and decision In the present matter, Court stated that, Supreme Court in Satya Pal Anand v. State of M.P., AIR 2016 SC 4995, held that “a party aggrieved by registration of a document is free to challenge its validity before a competent Civil Court.”
What are the rules for a double sale of real property?
Rules on double sale of real property. Between two buyers of one and the same land, to whom shall the land be awarded in case of a court litigation, to the first buyer who just paid the agreed price and signed the notarized deed of sale or to the second buyer who did not only pay the price and sign the deed of sale but also occupied
What to do if you have a second registration of property?
Seek directions for striking out the second registration from the records of the sub-registrar. Scrutinize your property rights with a competent lawyer and seek legal advice for proper action. A property once sold to a person cannot be resold to any one else except by the owner.
How does ownership of a property transfer from one person to another?
If it was registered in good faith, meaning the second buyer was not aware of the first sale, conducted an inquiry on and ocular inspection of the land sold and inquired with the Registry of Deeds as to the real owner and other transactions involving the land, then ownership thereof was transferred to him.
Can a property be sold without a registered owner?
A property once sold to a person cannot be resold to any one else except by the owner. The seller loses all rights over the property the moment he sells the property characterized by registration. Hence, the subsequent sale by a person not being the owner is illegal and amounts to cheating and forgery.