PUNISHMENT OF FRAUD LAND SELLER
8 months ago
I purchase a agree culture land on 24 Feb. 2022, in the time of Registration I cheek document ,and land is registries by owner whose name in found on khatiyan. The land also under my control. But question is that if seller or his ancestor sells this property and the purchaser or buyer has not apple mutation and present time if the first purchaser appeal for mutation land is go under first purchaser. But in the time what type of legal action to be take against buyer. And what is punishment of fraud seller.
A.Dear Client,
It is the sole liability of the buyer of any property to check out the current status or encumbrance of the title of the property from different sources/records like the office of the Registering Authority, Block Land and Land Reform Office (BL & LRO), Circle office, lower and upper court searching etc and being satisfied with the status of the property, the buyer should enter into an agreement to sale and process the registration of property. Any lapse on the part of the buyer may liable him to face odd consequences later on and the buyer cannot make liable the seller for the lapse on his part. Possession is a de facto exercise of a claim over a thing and prima facie evidence of ownership not supported by title. Moreover, if the seller or his ancestor sold the property earlier to others then without finding the possession of the original Deed of property in the hand of the Seller, you accepted the deal which appears another lapse on your part. Once you buy it, the property has to first be mutated in favour of your seller and then in your favour. You will require the seller to be on board to get it mutated in his favour after the sale, but he may not come once he pockets the sale proceeds. . Mutation is essential in the case of agricultural land. The land title cannot be passed to the new owner without mutation. Considering the tentative consequences, you need to consult with an Advocate for guidance and steps.
It is the sole liability of the buyer of any property to check out the current status or encumbrance of the title of the property from different sources/records like the office of the Registering Authority, Block Land and Land Reform Office (BL & LRO), Circle office, lower and upper court searching etc and being satisfied with the status of the property, the buyer should enter into an agreement to sale and process the registration of property. Any lapse on the part of the buyer may liable him to face odd consequences later on and the buyer cannot make liable the seller for the lapse on his part. Possession is a de facto exercise of a claim over a thing and prima facie evidence of ownership not supported by title. Moreover, if the seller or his ancestor sold the property earlier to others then without finding the possession of the original Deed of property in the hand of the Seller, you accepted the deal which appears another lapse on your part. Once you buy it, the property has to first be mutated in favour of your seller and then in your favour. You will require the seller to be on board to get it mutated in his favour after the sale, but he may not come once he pockets the sale proceeds. . Mutation is essential in the case of agricultural land. The land title cannot be passed to the new owner without mutation. Considering the tentative consequences, you need to consult with an Advocate for guidance and steps.
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A.Dear client,
In the situation described, if the seller or his ancestor had already sold the agricultural land to someone else before your purchase and that buyer did not apply for mutation (transfer of ownership) of the land, it could create a complex legal issue. As the land is currently under your control and you have completed the registration process, you may be considered the apparent owner of the land at present.
If the first purchaser, who bought the land before you, now appeals for mutation claiming ownership, it could lead to a legal dispute between you and the first purchaser. To protect your interests, you should consult a qualified lawyer immediately to understand your legal options and take appropriate action.
Your lawyer may advise you to file a suit to establish your rightful ownership over the land. The specific legal action you need to take will depend on various factors, including the evidence available, the circumstances of the case, and the applicable laws in your jurisdiction.
As for the seller who committed fraud by selling the land to you despite it already being sold to someone else, they may be subject to legal consequences. The exact punishment for fraud sellers can vary depending on the severity of the fraud and the laws of the specific jurisdiction. In India, fraud can be punishable under various provisions of the Indian Penal Code, and the guilty party may face imprisonment and/or fines.
In the situation described, if the seller or his ancestor had already sold the agricultural land to someone else before your purchase and that buyer did not apply for mutation (transfer of ownership) of the land, it could create a complex legal issue. As the land is currently under your control and you have completed the registration process, you may be considered the apparent owner of the land at present.
If the first purchaser, who bought the land before you, now appeals for mutation claiming ownership, it could lead to a legal dispute between you and the first purchaser. To protect your interests, you should consult a qualified lawyer immediately to understand your legal options and take appropriate action.
Your lawyer may advise you to file a suit to establish your rightful ownership over the land. The specific legal action you need to take will depend on various factors, including the evidence available, the circumstances of the case, and the applicable laws in your jurisdiction.
As for the seller who committed fraud by selling the land to you despite it already being sold to someone else, they may be subject to legal consequences. The exact punishment for fraud sellers can vary depending on the severity of the fraud and the laws of the specific jurisdiction. In India, fraud can be punishable under various provisions of the Indian Penal Code, and the guilty party may face imprisonment and/or fines.
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