Land title clearance certificate
Querist :
Anonymous
(Querist) 05 July 2024
This query is : Resolved
My grandfather had ancenral agriculture land. He has 4 sons (including my Father) and 3 sisters. He did partition the land among the 4 sons before 1991 and 4 sons had a contract with one firm in 1991 for the bulding scheme development. This contract doesn’t contain any end date and contract is also not registered. Nothing happened so far till now on this land. The owner of that firm whom had contract with, was dead in 2008 and his son took over the ownership of that firm. These 4 sons had one more contract in 2015 with another party for building the scheme development and this contract is also not contain any end date and this contract is also not registered one. By the time that contract happened, I was 18 years up and my name was in 7-12 but another party didn’ have this contract with me.
Now we have two ongoing court case.
1. First party filed a suite in 2018 and we lost in lower court under article 56 in rule 7 order 11. Court counted the time period from the 2015 to 2018. Court said first party got aware in 2015 when another party published the advertisment in newspaper for title clearance certificate and first party filed the suite in 2018 before completing the 3 years of period.
2. Another case filed in 2022 by one out of 3 Sisters and this suite is relate to partition. My grandfather already partition the land among 4 brothers and my grandfather name is not in this land and the Partition deed is registered.
Current party whom my father and his 3 brothers had contact with, is not doing anything in this land and waiting for clearance of this two case. I don’t have any contract with this party even my name is in 7-12.
Now this land is converted from agriculture to non agriculture land. I would like to get out of this all matters and want to sell this land to someone third party. In summarize, first contract is unregistered one. Current party’s contract is also not registered and partition deed is registered one. Is it possible to get the title clearance certificate in this all condition and sell this land directly to third party?
T. Kalaiselvan, Advocate
(Expert) 05 July 2024
First of all ascertain if you have any share in the property as a right.
The 7/12 is not a title document hence you cannot claim rights in the property at least not during the lifetime of your father.
The law will not act to your urgency, you may have to wait for the disposal of the pending cases in this regard.
Querist :
Anonymous
(Querist) 05 July 2024
With the agreement of my father and his 3 brothers, can we get the title clearance certificate and sell this property to third party or we need to wait to clear all cases ?
T. Kalaiselvan, Advocate
(Expert) 05 July 2024
You cannot alienate the property in any manner if the suit for partition is pending disposal.
Wait for the case to be disposed.
Querist :
Anonymous
(Querist) 06 July 2024
You mean the first case need not to be concern to sell the property. Only concern is the suite related to partition. Am I understood correct ?
P. Venu
(Expert) 23 July 2024
Facts posted are too disjointed to make any meaningful suggestion.
Was the deed which the grandfather had executed a settlement deed and duly registered?
As to the so-called agreements, no opinion is possible unless the documents are perused and issues discussed.
Just because your name is in the 7/12, it is does not entail that you are the absolute owner of the entire property.
Querist :
Anonymous
(Querist) 24 July 2024
My grandfather did partition deed not settlement deed and partition deed is registered
