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Raghva J (self)     25 July 2012

Agri land, karnataka , sale agreement dispute

 

hi , This refers to a piece of agricultural land in Bellary Dist of Karnataka.

1. My grand monther owned the land and enjoyed it it from 1970's 

2. In 2001/02 she got into a sale agreement in which she had obliged to transfer the property ' to whomso ever and whenever'  with Mr X . ( no time limit specified) 

3. She has confirmed that she has received the full amount in sale agreement.

4. As old age was catching up on her 80+ she did not actively look into the matters of the land or sow the paddy etc.

5. She passed away in 2007 . There has been no notice from Mr X asking for registeration!

6. In 2006, she had written a will ( un registered) making me the sole heir for the said property ( there is NO misunderstanding with the rest of the family on this )

7. in 2009, I visited the land for the first time ( been overseas working) and found out that Mr X has been enjoying the land since 2002 , although its still in my grand mothers name.

8. I talked to some friends, and all of them agreed that the sale agreement is void as the purchaser did not get it registered from my grand mother in 3 years of time.

9. Before taking it up with Mr X, I went to the Taluk office, to get the land in my name. I took with me the will, oiginal documents , RTC/PHANI latest , family tree etc.

10. I was told at the Taluk office that there is an issue with the entire survey number and all transactions on the survey no. have been paused until resolved. So, Mutation in my name is not possible until it is resolved.

Now my Query is as follows:

Do I stand a good chance to retain the land as 3 years passed since agreement and my grandma is no more . She has executed a will in my favour. I understand, she enjoyed the money. But Mr X has been enjoying the land unauthorisedly for all these years!  The Taluk office , is sure to get it to my name, once the issues there are resolved. Mr X being a local man, it is not upto me to go and confront him 1 on 1. 

Please advise. Thank you



Learning

 1 Replies

Anish Thakur 7018812737 (advocate)     25 July 2012

dear querist ,

here from your query there arose many questions in yuour support like

  1. once the sale agreement taken place why the buyer not approcahed the revenue authorities to mutate the land in his name?
  2. secondly he is in posession of the land since 2002 and what was the reasons remained for not registering the land in his name.
  3. although above points are raising the question mark on the authentification of the sale agreement but the posession of the land is with the buyer so it is hard to get it through any suit litigation thru court .
  4. one legal loop hole is here left that he had not mutated the land on his name and still your mothers name is going there ,try to mutate your name in your mothers place thru execution of that will and try it silently.once your name is mutated in the documents in place of your mother the buyer can not do anything.and then you can file case for adverse posession.
  5. secondly if ther comes any problem in mutating your name in the revenue documents ,then file declaration suit on base of your mothers will against the genral public and then publish advertisement stating the declaration thru court that you are the owner in every property in place of your mother now due to execution of the will.
  6. once the publication ,done and no objection filed within time specified you will be declared sole owner in place of your mother .
  7. feel free to call on number given on my profile.

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