Sale deed

Guest (Querist) 11 January 2012 This query is : Resolved
a sale deed of a house and open site was registered in 1974,in that the boundaries of house are correctly mentioned but boundaries and area of the open site are wrongly mentioned, based on that registered sale deed, now the purchaser has filed declaration suit to ensure his title over the open site. now the defendants whose name is mentioned as owners of that open site in the Panchayath Property Book, challenging that the sale deed is not binding on us as the actual boundaries and area open site is deferent.
defendants were not parties to sale deed.
WHETHER THE SALE DEED IS BINDING ON DEFENDANTS ?
WHETHER THE SALE DEED IS VALID ?

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Deepak Nair (Expert) 11 January 2012
Who is the defendant? the sellor??

Devajyoti Barman (Expert) 11 January 2012
If the property in question is not mentioned in the earlier sale deed then they have no case.
However the true meaning of the property to be sold in the earlier sale deed needs to be taken from the whole sale deed and not merely from one place where ti may have been wrongly described.

If at every other place in the earlier sale deed the property is dispute was sold to the purchaser then they have a good case.

Rajeev Kumar (Expert) 11 January 2012
Agree with Barman sir

Raj Kumar Makkad (Expert) 11 January 2012
If the defendants are not concerned with the sale-deed then why those have been impleaded in the suit and if their names is mentioned in the ownership title of the open land then the earlier seller could not have sold the mentioned land to the buyer/plaintiff.

In nutshell, the earlier sale deed shall have to be seen in totality as per description of the property mentioned therein in consonance with the ownership of the seller. A Seller cannot provide better rights to the buyer.

prabhakar singh (Expert) 12 January 2012
Q1.WHETHER THE SALE DEED IS BINDING ON DEFENDANTS ?
Ans.Since the defendants are not the party in the sale deed,boundary mentioned in the sale deed is not binding on the defendants.

Q2.WHETHER THE SALE DEED IS VALID ?

Answer.Even if the court after trial of suit find the fact established that boundary of open land in the sale deed is wrong,such finding shall not invalidate the entire sale deed but it shall be deemed that vendor had no right to sale the open land to plaintiff which in fact belongs to defendant and plaintiff suit to that extent shall be dismissed.

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