Sales deed
Parth
(Querist) 19 March 2014
This query is : Resolved
Sir,
I have purchased a land by doing Banakhat (sales agreement) in 1991 from the original owner. However it was not registered. In 1996 owner expires, and in 1999 from the legal heir (in total 15)of the owner Banakhat was done in my name (this time registered) and in 2000 the sales deed was done, which was also registered. However immediately we were asked to paid extra stampduty, for which we had carried out the legal battle with GOI and we win it in 2009. In 2009 our sales deed was giving another number. Now in 2014 i have constructed my house on the same, and i came to know that two of the legal heir was missed out (which we were not knowing at all) and now she has put a legal case asking to void-null the sales agreement.
What should be done ? Can a legel heir claim it after so many years ?
ajay sethi
(Expert) 19 March 2014
if legal heir was not made party to sale deed and not aware of transaction she can challenge the sale . it is necessary to go through the case papers .
Rajendra K Goyal
(Expert) 20 March 2014
All the documents has to be gone through, if the legal heirs were not party, they have right to claim.
Consult a local lawyer and show him all the papers.
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
All the legal heir s are to be a party to the sale deed of the property. It is better to compromise with the claimants on some arrangements, convince them to withdraw their suit or else, you may have to challenge the same properly, what is your lawyer opining?
Parth
(Querist) 23 March 2014
Dear all thank you for reply. I have consulted my lawer and according to him as they are claiming it after more than 3 years of sales agreement the suit will be cancalled. Further the name of the legal heir is also not on the record of 7/12. Regarding compromise with them, we tried for the same but they are claiming that over all valuation of the land and house should be done at current prise and then the share should be given, which is not possible as the current land cost with house constructed will go be extremely high. Also when the land was sold by them, they have sold a large piece of land. Ours was one plot they are claiming for our plot only as on all other plots appaertments are build and many flats have gone through multiple transactions. Whereas we kept it with us since our purchased.
