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Can i cancel the registration

(Querist) 28 February 2015 This query is : Resolved 
My name is Raaju working as private teacher in a school from Andhra Pradesh. I am 58 years old and i have 4 elder brothers almost everyone are retired. We are having 900 square yards land in Andhra Pradesh as a private employee my income is very less and need to sell my land for my daughters marriage but my brothers not accepting to sell the land. We partition the land in 2012 and got 180 square yards but now no one are coming to buy my land because it is small space the buyers want total land but my brothers are not agreeing with me to sell the land but my circumstances are too bad they want me to sell my part for less amount to them which is very less. I agreed for partitioning the land because the made us believe that they will sell it within 1 month but now its almost 3 years still didn't sell the land. Cancel i cancel the Registration and ask for first space of the land according to the rule as i am the younger son and i will get the initial space of land is it possible to ask like that and cancel the registration? Please help me anybody
Dr J C Vashista (Expert) 01 March 2015
1. How can you cancel the partition deed after a gap of more than 2 years? Is the deed passed by the Court or by meets and bounds?
2. Easement is your right, which you will get from your brothers but you will have to sacrifice and make good of the land required for passage from your share.
malipeddi jaggarao (Expert) 01 March 2015
You do not have any instant remedy. Either you have to sell to others at fair price or your own brothers at the price fixed by them.
raaju (Querist) 01 March 2015
Dr J C Vashista, majjagdish
Sir we got deeds passed by registration office but my brothers are not allowing to sell my land as the land is partitioned in vertical order which not able to construct any house or even small shop no one are coming to buy my land they are trying to cheat me offering very less price of the land all my four brothers are telling that they cheated us by partitioning the land in vertical order where i can't sell the small bit to anyone. What should i do now sir?
raaju (Querist) 01 March 2015
malipeddi jaggarao
Sir my brothers are not allowing me to sell for fair price sir as they are cheating on me.The land is vertically partitioned as there is no scope for anyone to build a house or shop or anything so no one coming further to buy my land if anyone comes they are not allowing to sell it by threatning them
How can i proceed further sir please give me any suggestion as i have only that land for my daughters marriage
Rajendra K Goyal (Expert) 01 March 2015
If you are able to get some purchaser, you should sell your portion to him. Your brother can not prevent you in doing so.
Guest (Expert) 01 March 2015
If other brothers are willing, all of you may enter in to a fresh settlement deed with fresh distribution. Cancellation of the earlier registration is not possible.
raaju (Querist) 01 March 2015
PS Dhingra
Sir my brothers are not coming forward for fresh distribution. Can i bring stay from court to stop them selling their parts because i cannot sell my single part as no purchasers are willing to but such small land which is vertical that cannot be used for building a house or anything.
Also they are threatening the the purchaser if anybody coming forward to buy my land
Guest (Expert) 01 March 2015
Since as per your statement, the settlement deed is already registered, you will have no remedy to modify that without the the mutual consent of your brother.

The only remedy is to compromise your position by asking any one of your brothers to buy your property at reasonable price.

M V Gupta (Expert) 02 March 2015
In the circumstances stated, you may ask your brother whose portion is adjacent to urs to purchase your portion for the market price or mutually agreed amount. Going to court will not help.
raaju (Querist) 03 March 2015
Thank you everyone i will try all of your suggestions
Guest (Expert) 03 March 2015
You are welcome.
malipeddi jaggarao (Expert) 04 March 2015
You are welcome!
T. Kalaiselvan, Advocate (Expert) 04 March 2015
Under the given circumstances you cannot force your brothers to sell their share of land for the sake of your benefits or present needs. Once the partition deed was mutually drafted and to by all the co-sharers in total and registered subsequently, it is deemed to be he final hence cancellation of the same for the stated flimsy reasons is not at all possible. You may have to wait or look for an alternative solution.
raaju (Querist) 05 March 2015
T. Kalaiselvan
Ok sir
Devajyoti Barman (Expert) 07 March 2015
agree with experts.


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