Tukdee bandi

Querist : Anonymous (Querist) 13 May 2021 This query is : Open
I need your help and guidance please . I got your email address from Google online search

I have 30 gunte crop land in raigad out of which 6 gunte was sold by my cousin to third party. 24 gunte is in my ownership since 1975.

There was a ongoing case filed dispute with tahsildar for peek pahani for this 6 Guntee area.

However This 6 gunte registration is done three months back by my cousin. Talathi has written remark of tukdee Bandi and stop the title transfer.

My question is

1. Will the third party able to transfer 6 gunte on his name.? And how?

2. How can I cancel the registration deal and stop the transfer of title for this 6 gunte.

Please guide me

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kavksatyanarayana (Expert) 13 May 2021
The buyer will always get his name mutated in records after registration. So you have to file a case for cancellation of that registered sale deed for 6 guntas. Consult a local advocate and follow his guidance.

P. Venu (Expert) 14 May 2021
Was the sale done through a registered sale deed? What is the subject matter of the ongoing case before the Tahsildar?

Querist : Anonymous (Querist) 14 May 2021
Yes the sale of 6 Guntee was done through registration sale deed. For peek pahani case which was open Thasildar has given the judgement in my favour that the land is in my custody.

P. Venu (Expert) 14 May 2021
If so, the conveyance could be got cancelled through a civil suit.

Querist : Anonymous (Querist) 14 May 2021
Dear Venu sir, thanks. Actually my cousin has sold the6 guntee land to third party before receiving the judgement from thasildar.

T. Kalaiselvan, Advocate (Expert) 15 May 2021
If the property was on your name and your cousin has sold it to a third party then this sale is illegal and invalid in the eyes of law.
However if this land is government land and was in your possession for long time and the Tehsildar also had approved the land on your name based on your possession and enjoyment, then you may file a suit for cancellation of the registered sale deed executed by your cousin by impleading the buyer also as a party to the suit.
In the meantime you my get the pahani and other supporting documents to prove your title and the case in court.

Querist : Anonymous (Querist) 15 May 2021
Hi kalaiselven sir, the 6 gunte land was in my cousin name. However this land is given to me since 1975 and it is in my custody , I am cultivating rice every year. Thesildar has Given decision in my favour and approved peek pahani in my name. But my cousin sold this 6 Guntee to third party. Still I can cancel the 6 Guntee registration ?

SHIRISH PAWAR, 7738990900 (Expert) 20 May 2021
Hello,

Your brother has illegally sold the land to a third party without any title. Tahsildar has also recorded his remard. But you have to challenge the registered document and cancel it. You have to apply to civil court for cancellation of registered document.

T. Kalaiselvan, Advocate (Expert) 23 May 2021
If you have an order passed by the Court of the Tehsildr in your favor, then you can very well file a suit for declaration of your title and also to cancel the sale deed he had executed provided it was by a registered deed.

Querist : Anonymous (Querist) 24 May 2021
Dear kalaiselven sir
The 6 Guntee land was sold to my opponent lawyer (Mr. Balkawde) who was fitting the case in tehsildar court . Even though the lawyer was knowing case is open in thesildar court he did registration deed with my cousin for 6 Guntee. Still I can cancel the registration deed?? Please advise

T. Kalaiselvan, Advocate (Expert) 25 May 2021
If the registration of sale deed was done after the Tehsildar passing an order in your favor, you may file a suit for cancellation of the sale deed as well as seek declaration of title to your name with an application for injunction restraining the defendants from further alienating or encumbering the property in any manner in the same suit.