Legal Question in Real Estate Law in India

I recently came across a case where a piece of agriculture land in Maharashtra was under dispute of ownership/title.

The farmer(original owner)had made a registered 'agreement to sell' with a buyer in 2006. He had also given his power of attorney to this buyer. This buyer(buyer no.1) then sold off this land without the consent of farmer, based on power of attorney to another buyer(buyer no. 2) in 2007.

In 2008 the farmer and his co-owner family sold the same land to another buyer (buyer no. 3) through a registered sale deed/agreement. This buyer (no. 3) now has the sale deed and 7/12 record in his name.

Buyer no.2 is now threatening buyer no.3 of police complaint for cheating. Has buyer no. 3 cheated? Who is the legal owner of this land now? Buyer no. 1, buyer no. 2 or buyer no.3 ?


Asked on 6/07/13, 9:57 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

If original land owners were divested to their title through their power of attorney holder in 2007 by a registered conveyance, then there remained no title with original land owners to be conveyed in 2008.

Cheating and other criminal aspects of the matter depend on the totality of facts and circumstances.

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Answered on 6/08/13, 2:27 am
Fca Prashant Chavan Expert Edge LLP

08.06.2013

Dear Sir / Madam,

How can the buyer No. 3 have the 7/12 record in his name, if you are saying that the farmer had registered the agreement for sale with buyer No. 1 in 2006 ? In which case the 7/12 record ought to have been transferred in the name of buyer No. 1. In 2006 itself, the farmer thus ceases title of the land.

Regards,

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Answered on 6/08/13, 5:17 am


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