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pradip (owner)     12 February 2011

to chalange registered documents

my maternal grandfather sold 45 plots before 25 years one by one also some times 2-3 plots to single owner by registered document at the time of selling some buyers asks credit like 10k to 20k but that is not mentioned in registered documents ,also possesion for such plots are still with my granfather ,buyers does'nt registered mutuation of titles for 2-3 plots now when we ask money he denies, so can we register mutation of my granfather for titles ??? and resell that property??? possesion is with us means plots are open no one is there on plots also many times my GF paid taxes for those plots .All plots are sancationed and done NA on 1985 ..please guide .



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 3 Replies

Ambika Prasad Mishra (Lawyer)     12 February 2011

Sir, it all depends on the recitals of the respective sale deeds. If the recitals make it clear that the title in the property passes to the buyer on the date of execution of the Sale Deed, then you have got no merit in your case even if you have not recieved the considration amount. The only remedy in such case would be to file a suit for recovery of money. But if from the recitals it appears that the title would pass on payment of the entire consideration amount, then the title has not yet passed to the buyers. In such case what you should do is that first you should execute a cancellation deed to cancel the sale deed. then you can sell the property to anyone you wish.

pradip (owner)     12 February 2011

title of plots is still on my GF's name. I heard some law that if buyer did'nt take possession and mututed tiles in last 12 years than he has no right on plot and registered document is not vallied .SO  can MY GF make new fresh sale deed to new person by giving oral information to first buyer??? first buyer is rude and not ready to settel matter . If new buyer register sale deed and take possesion and make mutation of registration Is this sale deed valid or we should face criminal charges . note( registered sale deed is 25 years old and nothing is done by him like 7/12 entry and nor paid tax in 25 years)

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 February 2011

for PRADIP :

Make a third person claim Adverse possession of the land in question. Grand Father may issue back-dated some payment receipts for some amenities to this third person for 12-18 years.  Let the third person pay the land revenue taxes to the govt and obtain receipts in his name.


However, the land still cannot be sold, even if Adverse Possession is claimed.  But can be retained and used life-long of the adverse possessor person.


Keep Smiling .... Hemant Agarwal


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