Sale deed
vimal
(Querist) 07 July 2018
This query is : Open
My grandfather had 5 sons A,B,C,D,E. grandfather died without making a will. the agriculture land got transferred to the name of 5 sons A,B,C,D,E according to law. by mutually concern they all divided the land of their own without making any documentation. now few years later 4 of them (A,B,C,D) died. now the problem creates from the here .the C's son's wife(she is widow) sold their share of agriculture land to D's son's wife without NOC from E(who is still alive). now E wants to redivide the remaining land as A's and B's family members already sold their share of agriculture land outside the family. E wants to redivide the remaining agriculture land which is 3/5. is that possible?.is it possible that E can cancel the sale deed made by C's son's wife.i am in confusion please help me out.i am from UP.
Dr J C Vashista
(Expert) 08 July 2018
The daughter-in-law of "C" steps into the shoes of her deceased husband i.e., son of C and she has right to dispose it of, however, there is no demarcation of land between the siblings of A, B, C, D & E, therefore, which part of land is under sale??
Dr J C Vashista
(Expert) 08 July 2018
Prima facie it is an academic question paper for debate amongst experts.
If there is some "truth" in the query consult a local lawyer for better appreciation of facts, guidance and proceedings.
ramesh
(Expert) 08 July 2018
Lacks data. How A and B sold their share without demarcation.consult a local civil lawyer with all facts and copy of papers.
vimal
(Querist) 08 July 2018
daughter-in-law of C sold her share of agriculture land(1/5) to daughter-in-law of D. the land was divided by mutual concern of A,B,C,D,E without any documentation. each of them was given their share of agriculture land and boundaries were marked.all happened 70-80 year ago.now few years back A's and B's family members sold their land share(1/5 each) to others.now in 2018 E found that piece of agriculture land of C is more valuable than his share of land because C's share is near road side. so now E wants to redivide the 3/5 share of land in order to get some road side land but C's daughter-in-law already denied. can E redivide the 3/5 share by filing an application in court? or is it possible that E can cancel sale deed made by C's daughter-in-law. please help me out.
P. Venu
(Expert) 08 July 2018
E can file a partition suit and try is luck.
vimal
(Querist) 10 July 2018
thanks to all experts
vimal
(Querist) 10 July 2018
thanks to all experts, if E files partition suit, re-partition will done on 3/5 part of land or on whole agriculture land. because when A and B sold their shares, no dimensions of the land were written in the document. the share of land of A and B got transferred on others name as a 2/5 part of whole land, no dimensions of land there in documents.i asked local lawyer about this he suggested that whole land will redivide not only 3/5 part if partition suit will file.i also asked about land share got transferred without any specific dimensions written on the documents,he said its ok, generally shares of agricultural land got transferred without dimensions,it got transferred as a part of share i.e 1/5 or 2/5 etc. i want experts opinion on this. thank you
