Sale deed
Rastogi
(Querist) 10 July 2015
This query is : Resolved
My client mentioned different extent of property inherited from ancestor differently in 2 sales deed executed executed by him. The first one was wrong and second one is correct.
Now we are contesting for declaration suit. Defendant is consisting based on the inconsistency in the different sale deed by plaintiff.
I am planning to argue saying that when there is a inconsistency in two documents, the fact mentioned in latest documents will override? do I need to be aware of any other issues on this.
Rastogi
(Querist) 10 July 2015
Second version is correct. However, the defence lawyer stand is since he mentioned lesser extent in first deed he is eligible only to the extent mentioned in that sale deed.
J K Agrawal
(Expert) 11 July 2015
It is not easy to opine without going through the actual controversy. It may be noted that parties are bound by the first document up to extent it is unambiguous. If ambiguous part can be separated aloof, any of them can not escape up to clear part.
Dr J C Vashista
(Expert) 11 July 2015
I fully agree with expert advise of Mr. J K Agarwal.
Show the documents to another local lawyer for second opinion and advise. Nothing can be presumed and advised without going through the contents of documents.
Anand Bali Adv.
(Expert) 18 July 2015
Though I am late however I appreciate the advise of our both learned friends Mr J k Agrawal and Dr JC Vashistha in the matter.
Which part of the which deed is to be relied is cause of concern in this peculiar case.
please send the documents for the layed down controversy.
