Sale of land in gujarat without sub division permission
YATIN
(Querist) 22 January 2013
This query is : Resolved
Sir
This is about agricultural land in Gujarat.
A was having chunk of agricultural land. Out of it A sold by registered sale deed around 30% of land to B.
A or B have not taken permission for sub division from competent authority (Dy. Collector) before sale transaction. In land revenue records name of B as holder was introduced. Now A himself has approached competent authority to declare above sale as null and void on grounds of breach of rules because no permission for sub division (which as per rule is mandatory) was obtained.
1) Can authority declare above transaction null and void?
2) If so with whom will title of land transected vest?
3) Would A again become owner or government will enter in title?
4) In case above transaction is declared null and void and competent authority reverses revenue entry would not transfer of property act help B to have rights because by virtue of sale deed A has foregone all his rights in land?
5) I was approached by A to sale above land to us and A has assured me that title would ultimately vest with him. He says though sale deed with B mentions that he has received sale consideration in cash actually he was not paid amount and was cheated. Can I go ahead and execute agreement for sale (banakhat) with A if title ultimately may come to A?
M V Gupta
(Expert) 24 January 2013
No. you should not enter into any deal for the land. By executing a sale deed of 30% interest in the land to B, A has made him a joint owner of the property. B has a right to demand partition of the land by approaching the court at any time. I do not think that the Collector has jurisdiction to declare the sale as null and void. Only civil court has that power. If A was really cheated by B he should file a suit for annulment of the sale deed, which is registered document.
