Legal Question in Civil Litigation in India
In India, A land is sold by Mr A to Mr B, Then after one year Mr C sold the same land to D, Both the Registered deeds are from same office. Mr B is staying out of station. Taking advantage of situation Mr D takes possession of Plot. Mr. A by the write of information asked The Registered Office , the law by which Mr C has sold the Land to Mr D, The Office replied they do not have any copy of such law. So is this alone is sufficient to ask Local court to cancel the registration of mr. D
1 Answer from Attorneys
1) File Police complaint for trespass, Cheating and Issue evacuation notice based on the registered document held with B.
2) Add C & D as parties to the suit and seek restraint order against them from entering into the plot. Also implead Sub-Registrar in the suit.
3) Since B registration is first, the fraudulent registration by C to D is void.
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