Hi,
I need advice on selling of land.
I have a friend whose father (named "A") owned 18 Acres of Agri. land in 1991. "A" sold 9 Acres of land in 1991.After that "A" heard that goventment cealed land by notification for for those who lost land in a dam construction. "A" has already sold 9 acres of land. Now he wants to sell the other 9 acres of land. But he heard that one can not sell the land if he owns more than 8 acres. So "A" distributed his portion to his brother "B" and now both of them have 4.5 acres each. but he distributed land in 1999. After that they sold that 9 cares to another person "C" but "C" did not pay entire amount. in 2010. "C" gave all the amount and want "A" and B" to register the land on his name.
There is no record with "A" or "B" that if the land is cealed by govt for selling. "A" and "B" knows it only from horse's mouth that that land has been ceald. Patwari or Talathi who keeps the record of land does not have this information if the land is ceald by govt or not. 7/12 records are there on "A" and "B" name as per the papers they have.
"C" is ready to buy saying that there is no problem for him either.
What will be the case if "A" and "B" sold the land by changing 7/12 to "C" in patwari or Talathi's office ( as regular way?)
Will "A" and "B" will be punished if the land is under cealing? What is the punishment for them? Jail? or fine? or returning the money to "C" and returning land to govt? Will it be criminal case?
"A" and "B" are old persons and dont want to get into any legal complications and they are unable to find if land is really ceald for selling or not. Moreover they have all the papers requre for selling.
"A" and "B" want to sell the land immidiately for their medical treatments and other financial liabilities.
Please let me know what should be there approch.
Regards
Mika