Same property sold to 2 different person under 2 different survey no Hi, I recently purchased a 1200sq.ft of plot in Bangalore, we have done proper verification of the Sale deed and ensured all the land owner's family members signatures are present. I have khatha, tax paid receipt and also taken a purchase loan to buy the property. Recently I received a call from a 3rd party who claimed the property belongs to him. Upon further investigating further I have discovered Me and the 3rd party have registered the same plot under different survey nos from 2 different owners. And the site is part of both the survey no as the plot is a boundary plot for both the survey nos. (*both of us have purchased the plot from the respective survey no owners) According to private survey done by a private vendor 90% of the plot belongs to the 3rd party survey no and 10% belongs to me. Now the 3rd party has taken possession of the party using Police force and has started construction on the property. My seller is not cooperating and is not ready to reimburse the amount and is still insisting I have better title and insisting on filing an injunction suit against the third party(although the third party has the possession of the property ) 1.What are my legal options here, should i file for Suit for declaration of title(Making the 3rd party and my seller as defendants) or Recovery Suit against my seller? 2.Which will be provide me relief at the earliest? 3.And Can I show the private survey as prime facie evidence in case I file for a recovery suit?
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1. You can file the suit for declaration of your title agaisnt the 3rd party and also implead your vendor as necessary party.
Recovery from vendor may not be maintainable.
2. It depends on the nature of suit you may choose to file.
3. You may produce the relevant property papers before an experienced lawyer in the local and obtain an opinion in this regard in persona and proceed as suggested.
1. Yes
2. It will take time no earlier remedy.
3. Yes
Sue the seller to recover your money with interest as seller title is not clear and marketable
2) you can approach survey office for carrying out survey of your land before you file recovery suit
Hi, you have to file a suit for declaration and so also seek for possession of the property and further for interim measures you need to file interim application restrain the 3rd party to further constructions.
1. You have to file a suit against the seller claiming refund of the sale consideration with interest. Add the third party as a proforma defendant.
2. Your case against the third party appears to be weak. Sue the vendor for better relief.
3. Yes, in the recovery suit against the vendor produce all material evidence, in consultation with your lawyer.
Dear client,
1) it is better for a recovery suit against the seller
2) recovery seems faster as there is no 3rd party
3) yes
Thank you
