Banakhat Land Sold to Another Person — What To Do
What you need to know
A 'banakhat' (agreement to sell) is a legally recognized document in India that creates a contractual right over a property in favour of the original buyer. If the seller has sold the same land to another person despite an existing banakhat, this is a serious breach of contract and may also attract criminal liability under the Indian Penal Code for cheating and fraud. Under the Specific Relief Act, 1963, the original banakhat holder has the right to seek specific performance of the agreement — meaning the court can compel the seller to complete the sale in your favour. You can also file a criminal complaint and register a caveat with the sub-registrar to prevent further transfer of the property.
Your rights
Right to seek specific performance of the agreement to sell under the Specific Relief Act, 1963
Right to file a criminal complaint for cheating and breach of trust against the seller
Right to register a caveat at the Sub-Registrar office to block any further sale or registration
Right to claim damages and refund of advance paid with interest if specific performance is not granted
What you should do now
Action firstPreserve and verify your banakhat documents
- Collect the original banakhat (agreement to sell), any receipts of advance payment, and witness details
- Check whether the banakhat was registered at the Sub-Registrar office — a registered document carries stronger legal weight
- Obtain a 7/12 (Satbara) extract or property card from the revenue office to see current ownership status
File a caveat at the Sub-Registrar office immediately
- Visit the local Sub-Registrar office and file a caveat notice so no further registration of this land can happen without informing you
- Submit a written complaint to the District Registrar about the fraudulent second sale
File a criminal complaint against the seller
- Go to the local police station and file an FIR under IPC Section 420 (cheating) against the seller
- Attach copies of the banakhat, payment receipts, and the new sale deed (if obtained) as evidence
File a civil suit for specific performance or damages
- Consult a property lawyer and file a civil suit in the appropriate Civil Court under the Specific Relief Act, 1963 for specific performance of the agreement
- Request an ad-interim injunction to stop the seller or second buyer from taking possession or making further transfers
Acts applicable
Specific Relief Act, 1963
centralSection 10 — Specific performance of contract for immovable property
Indian Penal Code, 1860
centralSection 420 — Cheating, and Section 415 — Cheating by fraudulent sale
Transfer of Property Act, 1882
centralSection 53A — Part performance of contract protects transferee in possession