Sale deed objection
Yeshwant
(Querist) 01 March 2015
This query is : Resolved
Hi,
Need your expert advice on Sale Deed - Objection.
In year 2011, ancestor property of A, B, C, D was sold by A and B to Party X.
C and D were against such sale. So they raised Objection the Sale Deed and filed suit in the Court (ghazipur, uttarpradesh).
Case is still going on. But, now the land ownership has been transferred to Party X.
Wanted to know, what is the use of Sale Deed Objection.
Thanks and Regards,
Yeshwant Gupta.
kavksatyanarayana
(Expert) 01 March 2015
@Author, where did you raise the objection either at the registrar office or the court? and some of the registration rules are some different from state to state.in general, the Registering Authority has no power to stop registration of a document if it is in order. if the property already transferred to X party, then include this point also in the court.
Yeshwant
(Querist) 02 March 2015
We filed objection at Registrar Office, in uttar Pradesh state.
M V Gupta
(Expert) 02 March 2015
As A,B,C and D have equal shares in the joint family property, A and B alone could not have sold the entire property without the consent/authority of C and D. The buyer X does not get full title to the property but may claim only the shares of A and B and ask for partition of the property if it is divisible.The Registrar appears to have ignored the objection filed by C and D and registered the document. Hence C and D if they are sticking to their objection for sale of the property, they will have to file suit for partition and decalaration for their portion of the property.
Guest
(Expert) 02 March 2015
It seems, you are not stating the real facts, as revealed from your other query, which narrates a different story about A, B, C, & D, as at the following link:
http://www.lawyersclubindia.com/experts/Duration-to-file-partition-deed-525921.asp#.VPPuayzxpfA
So, it is better you consult some local lawyer by showing property related documents to enable him to get the real picture about your case.
Rajendra K Goyal
(Expert) 04 March 2015
Consult local lawyer and show him all the documents.
Vinesh K Chhaya
(Expert) 04 March 2015
First of all to be decided that the disputed property is agricultural or non agricultural..
In respect of agricultural property the sub registrar must verify the revenue records since promulgation to the date of the documents presented for registration. This step would clear the current situation of land. The person whose name shows in last record would allowed to transfer the property... But regarding HUF property minors and majors to be declared on oath before regestrar... and The appointed guardian will provide surity to protection of the right of minor or pray for permission of court under provision of guardian and wards act section 29...
Major heirs would give statement or no objection on oath
thenafter the said property would be transfer otherwise said transfer must declared null and void... and the civil court has jurisdiction to said declaration under specific relief act section 31 and others...
