Declaring a sale deed illegal
surjit singh
(Querist) 23 July 2014
This query is : Resolved
Fact of the matter :
There are five brothers between them a partition was done mutually and a PANCHANAMA was prepared on plain paper having only the signature of the panchs. where one of the plot was divided between two brothers. One of the brothers sold the whole plot saying and stated that in one plot he has taken 1 katha less, but the Panhanama does not says anything about other plot.
Supose the Panhanama is not taken into consideration because it does not contain the signature of brother, then in that case is it right to say that all the five brother will have equal share in all the plots. Kindly note that all the plots are agriulture land.
Myself is the petitioner in the case and I bought the plot half share of one of the brother in that partiular plot. I bought the plot after ten years from one of the brother, and got mutation from Circle Officer and paying land revenue. All these doument have been produed before the Court as exhibits. Since this was a agriulture land the respondent conealed the fact that whole plot was purchased by him, it came to light only after the petitioner bought the half share in the plot according to the Panhanama and started to plough. The respondent has produed only the sale deed before court and no ther doument.
The brother who sold the whole plot has filed his WS where he has stated that he is entited to only half of the share as per Panhanama and this sale deed was prepared falsely by the respondent taking advantage of his being semi literate.
I want your expert advice and also citation judgement on this point. Kindly reply.
Nadeem Qureshi
(Expert) 23 July 2014
Dear Querist
contact a lawyer personally in your area it will be better for you. You can easily bear the consultation fee.
Raj Kumar Makkad
(Expert) 23 July 2014
A buyer is expected to be vigil more than seller. If the revenue record was showing the seller as the exclusive owner to the suit property, the sale is perfect. As the panchnama was not signed by all brothers and only panchas signed it and it never saw the light to the revenue department and the ownership had nto changed according to panchnama (settlement) hence you nee not worry as the sale is perfect and legal.
Rajendra K Goyal
(Expert) 24 July 2014
The Panchnama (settlement) has no legal value as it is not signed by all the parties and was not sent to revenue department.
Need to consult a local lawyer and show him all the documents.
ROHIT SHARMA
(Expert) 24 July 2014
Dear Mr. Surjit Singh,
1. The said one brother who has sold the half plot that which he said was his based upon the information emanating from the invalid illegal ( since it did not bear the signature of all the brothers) document of the pancha's and when after you had relied upon such assurance of such said brother ( it was your mistake as to consider the panch's document as valid in law)you had executed a sale deed and such sale deed was then mutated in the record of the right of such property, and you had actually started to cultivate such agriculture plot and this cultivation by you was objected by the other brothers and later such entry made in the record of rights of such property was objected by the other brothers and for that reason you filed a civil suit. This is background of the case.
2. You see, this is a clear instance of cheating by such said brother who knew that he had not singed the panchs's document and the property was still undivided lawfully and legally.
3. Now, you have an alternate legal remedy besides the civil suit filed by you. You may as well consider this act of the said such brother as an act of commission of an offence of cheating and inducing you to part with your money which is punishable u/s 420 of the I.P.C. This action will at least see that in case your civil suit does not succeed at least your money can be recovered since the offence u/s 420 is compoundable. The pressure of the police will make such said brother return the money given by you. You see, even semi literate people can feign about not knowing what has been written in a legal document but they can be shrewd and sometime can cheat some person who take their word as for granted to be true.
4. If need be contact this lawyer for further private legal consultation so as to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
Raj Kumar Makkad
(Expert) 24 July 2014
@Rohit! Even though your reply is in the right direction, your offer to contact you is against the ethics of a lawyer and experts of this site.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
Expert advocate Mr. Rohit Sharma has been giving excellent opinions and very valuable suggestions to all the queries he attends, but sorry to say that it is unethical to solicit in the guise of opinions or in return to the charitable services rendered. If the author chooses to engage your services, he is at his liberty.
V R SHROFF
(Expert) 25 July 2014
PL KEEP DIGNITY.
PUBLIC MAY GATHER IMPRESSION THAT "EXPERTS " ARE "BIKAU" SALEABLE, AND finding market here!!
surjit singh
(Querist) 25 July 2014
.Mr. Rohit in your para 1 you have stated that brother are objeting.. the brothers are not objecting , the main respondent is the purhaser of the plot who has fradulently taking the advantage of one of the brother who is semi literate has included the whole plot in the sale deed. the brother who has sold to the respondent has also stated in his WS that the sale deed has been made fradulently and he is entitled to only half share of the plot.
please reply..
Raj Kumar Makkad
(Expert) 25 July 2014
As the lured brother has admitted in his written statement being made part of a fraud, such sale-deed shall definitely be got set aside and the desired results shall then come out of the court verdict.
