Agriculture Land double registration in Telangana
5 months ago
Hi Sir, In 2017 an agriculture land is sold by A to B in Telangana. In Dharani website still A is shown as owner till 2021. In 2021 A again sold the land to anether person C. Now in 2023, B raised a case in Civil court saying to cancel the registration document done by A to C.In Dharani portal C is showing. Land is occupied by C. All the government benefits are received to C.
Here I am the last purchaser of land(C). Can some one give me suggestion on this situation.
A.Dear Client,
In case the land is sold by A to B through a registered deed of conveyance in 2017 and the status is not updated in the webportal for any reason that does not relinquish the right of ownership of the B in respect of said land which is resold by A to C in 2021 hiding the fact. The Civil suit filed by B for cancellation of subsequent deed of sale and in case B proved the case with substanatial evidence before the Court, order cancelling subsequent deed registered in 2021 may not be ruled out at the moment. Here possession of property and land record as available on the portal may not hold good once an adverse order is passed by the Court based on the merit of the Civil suit. Even Court may pass an order for criminal prosecution of A for cheating and fraud. Possession requires that a person perform acts that are understood to constitute actual control over a thing. Ownership does not require actual control; one can own a thing without ever having been in actual control at all. Ownership is the de facto exercise of a claim while ownership is the de jure recognition of that claim. When title on a property is transferred, the ownership also stands transferred. ‘Title’ encompasses capacity of individual to exercise absolute right over property and to exclude others. A person who has title over a property, even if, has no physical possession thereof, can continue title in various ways.
In case the land is sold by A to B through a registered deed of conveyance in 2017 and the status is not updated in the webportal for any reason that does not relinquish the right of ownership of the B in respect of said land which is resold by A to C in 2021 hiding the fact. The Civil suit filed by B for cancellation of subsequent deed of sale and in case B proved the case with substanatial evidence before the Court, order cancelling subsequent deed registered in 2021 may not be ruled out at the moment. Here possession of property and land record as available on the portal may not hold good once an adverse order is passed by the Court based on the merit of the Civil suit. Even Court may pass an order for criminal prosecution of A for cheating and fraud. Possession requires that a person perform acts that are understood to constitute actual control over a thing. Ownership does not require actual control; one can own a thing without ever having been in actual control at all. Ownership is the de facto exercise of a claim while ownership is the de jure recognition of that claim. When title on a property is transferred, the ownership also stands transferred. ‘Title’ encompasses capacity of individual to exercise absolute right over property and to exclude others. A person who has title over a property, even if, has no physical possession thereof, can continue title in various ways.
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A.Dear Client,
Since you are in the last position to claim the land as yours, you are a subsequent purchaser. So, you must prove that you are a bona fide purchaser, i.e., you bought the land with good faith, without any notice of the prior sale to B. Ensure that you have all the necessary documents related to the land purchase, including the sale deed. If the Dharani portal is showing C as the owner, it indicates that the land is registered in your name.
Since you are in the last position to claim the land as yours, you are a subsequent purchaser. So, you must prove that you are a bona fide purchaser, i.e., you bought the land with good faith, without any notice of the prior sale to B. Ensure that you have all the necessary documents related to the land purchase, including the sale deed. If the Dharani portal is showing C as the owner, it indicates that the land is registered in your name.
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