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Ram (Practice)     08 December 2009

Agricultural Land registration left the Part of Concrete Wel

Dear Sir

My father had registered only the agricultural land to X without concrete Well and pump set which may include area of the well in the land area. But as per procedure , the well and pump set are to be shown in the deed documents and duties  are to be paid by the buyer for that also. while executing the sale deed , there is no mention about  word" like if  any problem comes with respect to this part in future , the seller and seller' heirs will settledown ". Whether this type of rgistration will lead to litigation or not? Also there is no mention in this sale deed by the sellelr about a word like "seller's  heirs doesn't have any claim in this sale of deed" . Now In this situation , the well was not sold out as per the sale deed. Hence whether is there any legal position for the legal heirs of the seller can claim  the sale deed executed by their father is invalid and claim the possession of land  and well  or can claim the pump set and well . Kindly advice with correct legal aspects and also the criminal points also as there was criminal fraud against the registration rules and Act . please guide us with Act



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 1 Replies

Praveen Singh (Lawyer)     02 January 2010

Dear Ram, the stamp duties are different in every state and you have not specified your state, however going by the problem if the seller is in your confidence than you can ask him for a rectification deed to the sale deed and mention that well was left to included in the schedule and the same is included, duty is only Rs. 100 for rectification deed. above hundred Rupees you may pay the additional duty for the value of the well on the deed of rectification. Your default is against the state as yoy have not mentioned the well and paid less stamp duty and in the worst case the document may be impounded however the same is not possible since there is not mention of well in the deed. The seller can not claim for the well as the definition of immovable property includes all things attached and permanently fastened to the earth. Even if it is not mentioned the seller can not segregate well and land to claim against you.

 

 


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