Cancelation of sale deed ( regarding land)
Vinod R Kolkhede
(Querist) 20 May 2013
This query is : Resolved
This is regarding land. I need advice on behalf of my friend. My friend's Aunty was sole owner of 20 acres of land
out of 50 acres. Other 30 acres land belong to all family members.However the possetion of all 50 acres land is with
my friend till now and also the name is written as a possetioner on all the Land property paper (7/12 Extract as per Maharashtra Land Revenue code).
Aunty sold her 20 acre land to third persone without my friend's consent which is illegal as per the transfer of property act,
she has to take the consent of my friend. There is some other land 30 acre, which is came by Anchestral, that means Anchestral Property.
Now all family member's name are showing on Land's paper for 30 acres (As per 7/12 extract, property paper as per Maharashtra Land revenue code).
Other all family members do faver every time to my friend. My friend's brother , sister , mother and Aunty's name showing on property paper .
Auncle died before 20 years back and since then possetion of land is with my friend.
Autny got remarried to another persone and thus her name came on property paper after uncel's death. Now Aunty neeed partition for another 30 acres, a
and she got injunction from court till the case gets disposed in trial court. In same matter, my friend file the cancelation of sale deed,
for 20 acres. My friend is ready to give her right in 30 acre but Aunty now wanted money for that land. My friend does not have money and wanted to
give the land through court. He told Aunty to make the settlement through court. But Aunty needs first money and then settlement. Also she is ready in
another way and telling that without informing court all members will go to subragistar office and will make the land separted on every body's name.
My friend made the party to Aunty and third persone who bought 20 acre land from Aunty in civil suite for cancelation of sale deed.
Becuase Aunty did not take the consent of my friend (As per transfer of property act)
Now I need advice for below queries,
1) Is it the right way , without informing the court to make the separation of land?.
2) If my friend do that and third persone (who bought the land ) take the objection then whether there is chances to dismiss the civil suite
for cancelation of sale deed for 20 acre.
3) Aunty is ready, if Aunty is ready then third persone (who bought the land) has no right to take objection
for saperation of another 30 acres. There is no body in family member who can act against my friend.
Could you Please advice for the above queries.
Raj Kumar Makkad
(Expert) 21 May 2013
1. No
2. it depends upon the pleadings & evidence of the parties.
3. Third party has a plea of bonafide purchaser which he still can insist.
Let the court decide the matter finally.
