Registered sale deed v/s record of rights
Guest
(Querist) 30 December 2011
This query is : Resolved
a sale deed was registered in 1974, regarding an open site and a home.
but in panchayath property register book, the purchaser's name was entered only for HOME and not for OPEN SITE, for open site someone's name was entered as it is his inherited property and till today he paid the tax of that land, the tax payer and purchaser both have the possession over the disputed open site.
now in panchayath, there is no documents available prior to 1974.
QUESTION IS WHETHER THE SALE DEED IS VALID OR THE TAX PAYER IS THE OWNER OF THAT OPEN SITE AS HE PAID THE TAX AND HAVE POSSESSION?
IS THERE ANY CITATIONS REGARDING THIS MATTER?
Adv Akhtar Ali Sheikh
(Expert) 30 December 2011
open site too is sold to the purchaser. Panchayat only records the transaction it does not pass any title, it can pass only upon registered deed hence plot too is deemed to be sold out.
Deepak Nair
(Expert) 31 December 2011
Instead of Panchayat records, check the land records with the Tahsildar.
prabhakar singh
(Expert) 31 December 2011
You need to check tehsildar revenue records to ascertain the status of open land, agricultural or land used changed and if agricultural,mutation of sale deed is done or not.Of which state the matter is??? Who is the person paying taxes?Sale deed is valid if the seller had title but a dispute of possession has emerged. consult a local lawyer.
Guest
(Querist) 05 January 2012
in karnataka state, a sale deed was registered in 1974, regarding an open site and a home.
but in panchayath property register book, the purchaser's name was entered only for HOME and not for OPEN SITE, for open site someone's name was entered as it is his inherited property and since 1974 till today he paid the tax of that land, the tax payer and purchaser both have the possession over the disputed open site.
now in panchayath, there is no documents available prior to 1974.
QUESTION IS WHETHER THE SALE DEED IS VALID OR THE TAX PAYER IS THE OWNER OF THAT OPEN SITE AS HE PAID THE TAX AND HAVE POSSESSION?
IS THERE ANY CITATIONS REGARDING THIS MATTER?
