Regarding tenanted land
gholap somnath suryabhan
(Querist) 19 September 2015
This query is : Resolved
Respected Sir,
In 2010 my father was parchased 1.5 hector land from A . but land was tenated property of A and during land transfer gov. permission was not taken. my question is that whether it will creat some problems of sell deed in future?
waiting for reply.
thank you
somnath
Hemant Agarwal
(Expert) 19 September 2015
1. Tenanted Land CANNOT be Purchased or Sold, simply because the Tenant is not a "Title-Owner" of the property.
Keep Smiling .... Hemant Agarwal
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gholap somnath suryabhan
(Querist) 19 September 2015
but sir we have purchased land and the sell deed was registered in registered office and we were cultivating land currently. if sell deed is not legal then how it has been registered by registrar? can i have to handover it again if problem arised? plz suggest me the act.
waiting your suggestions.
thank you
somnath.
Rajendra K Goyal
(Expert) 20 September 2015
Title has not passed to you, consult local lawyer and discuss in detail after showing him all the related documents.
Hemant Agarwal
(Expert) 20 September 2015
1. The Registrar (sub-assurances) has no jurisdiction to verify the "Title-Ownership" of ANY deed and neither he is liable for any authentication. The Registrar is concerned that Stamp Duty is paid, document is registered in the presence of all parties concerned. Job Over. PERIOD.
2. A Deed can be registered many multiple times. BUT the "title-owner" shall be proved only in a proper Court.
3. To sell a property, one should be a OWNER of the property and NOT a Tenant. A Tenant (renter) is NOT a owner. At the most a Tenant can Sub-Tenant his rights to you, till the agreement period of his Tenancy holding.
4. IF "A" was a Tenant and NOT a Title-Owner of the Land, THEN somebody must be the Title-Owner of the Land. Check the Form no. 7x12 and Form no. 6 Extract from the local Tehsildar office, to know the actual position.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
gholap somnath suryabhan
(Querist) 20 September 2015
Thank you very much sir for your helpful suggestions.
It will better to me if you provide links of law related to tenant and title owner or judgement related to this topic.
thank you sir.
R.K Nanda
(Expert) 20 September 2015
no more to add.
Dr J C Vashista
(Expert) 21 September 2015
Well advised by expert Sh. Hemant Agarwal, no room left to add.
Basic question arises that whether the vendor (seller) was owner of the property under sale? In this case answer is "NO" therefore, the transaction is illegal and invalid.
