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Pavan   22 October 2022

Seller challenge sale deed of land

Hi, My father gave money on interest to a person with his agriculture as surity. As surity, he registered his land to my father. We have sale deed and passbook with my father's name. Now they are not able to return a single rupee. It has been an year, so we planned to sell the land. when we went to survey the land, the seller's mother is not allowing us, warns that she will suicide if we sell the land. I want to understand, if they can challenge this in court? Shall we just ignore her and sell the land?

My father has documents including sale deed with witness, government issued passbook etc.



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     22 October 2022

When did your father give the money for interest then how did the sale execute by that person?

Dr J C Vashista (Advocate)     23 October 2022

You have posted contradictory statement, inter alia, that, 

"As surity, he registered his land to my father. We have sale deed and passbook with my father's name....."

Be clear as to whether the borrower has "mortgaged as surity" or "sold by sale deed and passbook" of the agriculture land to your father ?

 

P. Venu (Advocate)     23 October 2022

Is your father in possession/occupation of the land?

Pavan   24 October 2022

Hi Dr. Vashista, It is "sold by sale deed and passbook".  To explain more, the borrower wanted money for his business. He is a friend of my father's friend. Since mortgage agreements are hard to resolve in the future and take a lot of time in court, my father asked, if he can make a sale deed and completely transfer ownership, on an oral agreement that we will return him back the land, if he repay the loan amount with interest. Our intention was, we will sell the land, if he doesn't pay within a year. Now, It has been 18 months, so we wanted to sell, so went to survey the land. Now, the borrower's mother is not allowing us to sell, she warns that she will suicide if we sell the land. They have a lot of other land also. This is just a part of land that they registered to my father for the money. Hope this explains the situation. The borrower has nothing to say now, he is silent, just his mother is creating a scene there.


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