Land case
jpurus
(Querist) 27 March 2015
This query is : Resolved
my grandfather has expired in 1990, his property has been illegally made patta by their 3 sons on their 3 names, excluding the 4 daughters of my grandfather family. Now, all the 4 daughters filed petition in RDO court and after 2 yrs, now after verification, RDO has issued the order to cancel the existing patta and issue a joint patta for all the 7 members in the family.
Meanwhile, 2 sons in the family has sold some portion of it to third party recently.
the question is:
Do we wait for the Tahsildhar to give joint patta to come first or we can file a case against the seller & buyer. whether it will not affect the overall patta processing, if we go to civil court now.
ajay sethi
(Expert) 28 March 2015
move court to challenge sale made by 2 sons . contact a local lawyer .
jpurus
(Querist) 29 March 2015
we feel that, moving court now is not the right approach and getting joint patta would be the prior requirement. Also, moving court will take time.
M V Gupta
(Expert) 29 March 2015
Filing of civil suit challenging the sale made by sons will not affect the issue of the joint patta as per the orders passed by the Collector. As u have come to know of the sale made by two sons, issue legal notice and in the light of the reply received u may take final step filing the suit for cancellation of the sale deed.
jpurus
(Querist) 30 March 2015
1. As the land market value is costly, the court fee for Cancellation of the sale deed would be high. Approximately, can you let us know the cost of the court fee for cancellation of sale deed, if the sold land value is of 10 lacs.
2. Is that it is important to challenge the 2 sons, to cancel the deed now. or since existing patta is getting cancelled, we can urge for joint patta issuance by tahsildhar and apply for partition suit.
3. If it is important to file suit, then it has to be filed against the seller or buyer.
