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Tripti Nagwekar (Owner)     04 February 2012

Can land sold be claimed by others

Dear Advisors, I together with my uncle had a piece of land in ancestral say 1000 sq. ft. and my name and my uncle’s name were registered on 7 / 12 index.  When I proposed to sell half portion i.e. 500 sq. ft. of my share without dividing total land of 1000 sft because division of land takes 3 years by government, my uncle refused me to sell and tried to offer only Rs.10000/- ten thousand for my share of land and at the same time outside party was offering me Rs.400,000/-.  So I sold my share of 500sqft to outsider for Rs.4 lac and outsider party i.e. buyer put Rs.100000/- one lac on sale deed to avoid stamp duty.  One the same day myself and buyer registered the agreement.  After one month my uncle filed case against me and the buyer and requested the court to cancel the sale deed and to allow my uncle to buy 500 sqft from the buyer at Rs.1 lac mentioned on sale deed.  On the basis of court the tehsildar has not put buyers name of 7/12 index.  Now please advise what the court has to do in this case.  What are the outputs?



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 1 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     04 February 2012

Why u didnt follow the proper process of sub division of the Plot

U are the joint owner of plot on what grounds ur uncle asked to the court to cancel the sale deed 

Dear whilst executing the sale deed u shud also made ur uncle the party the subdivision is essential part which u missed 

That buyer must be in soup now

The probable out put will be sale deed stands cancelled ur uncle will buy land for 1 lac and the buyer is likely harass u in the court u have to make good whatever money u have taken from him


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