Sale deed validation : un-used : self life
Querist :
Anonymous
(Querist) 17 August 2011
This query is : Resolved
Dear Experts, Pl. suggest your views on the Validity of Sale Deed :
Sale Deed Executed in the Year of 1968 between X and Y persons, X person Sold the property of Agri Land to Y person, But X person Died in the year of 1970 by accident , after that Properties Transfered to Widow of X Last 40 years using the Properties and the Owner of the Properties, Widow didn't notice the Sale & She didn't aware of the SALE, Now when we check the EC, It is showing the Transaction, But Mr.Y is very honest and he is relative to X also, He Return back the Original Sale Deed., Saying that there is some understanding between X & Y for this Sale Deed., Mr.Y not demanding anything now.
So what is the effect of this SALE Deed and How the Legal Validity of this Sale Deed.
Pl. guide me. Thanks,
Advocate Rajkumarlaxman
(Expert) 17 August 2011
Let him explain he understanding in writing and the same may be produced before the authority or now you can do is make a gift deed as he is related to X let him make a gift deed to X's wife and same be registered and then transfered to widow
Raj Kumar Makkad
(Expert) 17 August 2011
So far as validity of sale-deed is concerned, it is totally valid as on date despite of continuous possession of seller or his legal heirs.
Querist :
Anonymous
(Querist) 17 August 2011
Dear Sir, The Buyer "Y" Not used the Sale to get the Land Transferred on his name ..., It is just a Document created but not used. My Local Lawyer say's Nothing needs to worry, If the property on possession last 40 years, and No clime is made.. and in future also "Y" don't indent to clime, But Now I reverse the sale Deed that will cost me as a stamp duty and Registration charges, properties that point of time sold at just Rs.1000 and Stamp papers used just Rs.30, Now It will cost me about Rs.3000 just for Stamp paper.. What is the bast way to do.. Pl. let me know.
prabhakar singh
(Expert) 17 August 2011
YES!I agree with Mr. Makkad,Sale deed is still valid.
If y does not want to claim under it as buyer and let the widow and heirs remain as owner ,a suit of cancellation of that sale deed is a must to be decreed by compromise between heirs of x and y.
In case it has to go as sold by x in favor of y then a mutation can be filed where widow and heirs may agree to confirm the sale and let the mutation recorded in favor of y.
THESE ARE THE TWO WAYS BY WHICH THE DESIRED RESULT CAN be achieved.
ashok kumar singh
(Expert) 17 August 2011
agree with Mr. Singh's suggetions, plz. follows. thanks.
prabhakar singh
(Expert) 17 August 2011
I have gone with your second post after posting the first one.
The strategy may be designed as let y file a mutation application for substitution as buyer and let a notice be served up on widow and heirs of x .Then forth with widow and heirs of x should file a suit of cancellation,alleging knowledge from mutation notice service date,and claiming the sale deed as SHAM transaction and let a notice of the same be served upon y and get the suit decreed and sale deed cancelled by a compromise and then let widow and heirs of x file the copy thereof in mutation,then mutation shall be dismissed and rejected,and matter shall get legally corrected at a very nominal cost forever.
Querist :
Anonymous
(Querist) 17 August 2011
I am behalf of Sealer ( my father ), I got back the Original Sale Deed, Is it any other way have simple kind of agreement from the Buyer, ( from buyer side they don't indent to demand the properties ) because my father sold to them on some understanding & My father don't money but it is mentioned Sale Consideration is Rs.1000 for 15 cent ( 0.15 acares ) of Land..: Thanks,
yogesh
(Expert) 17 August 2011
very good suggestion by adv. prabhakar singh follow this proceedure only for correct title.
Querist :
Anonymous
(Querist) 18 August 2011
Thanks for your suggestion, Best Wishes..
M/s. Y-not legal services
(Expert) 19 August 2011
Dear author, already you posted this same query and also got some replys from our experts.. Further if you need any more detail mean just enclose this with your earlier query..
