Mortaged agriculture land sold without clearing up the loan
Tapan
(Querist) 29 July 2014
This query is : Resolved
Dear sir,
We are having a agriculture land in our native place. we had taken a agriculture crop loan three years back. Year ago we have sold this agriculture land with a registered sale deed without clearing up the loan, After five months we cleared up the dues of the bank as there is need arise to transfer the property to the new owner. and as it is the compliance to transfer the name in land record to clear up the dues.
When such transaction takes places and the new owner name is reflected in the land record. One of my sister had filed a civil suit claiming that such registered sale deed is void and should be cancelled.
So here i would like to know that such kind of transactions are void or not and can my registered sale deed can be cancelled on such grounds. by any law or means i did any illegal transaction. Such kind of transaction are void under any law
please guide me in such manner
Devajyoti Barman
(Expert) 29 July 2014
who were the owners of the property?
If your sister is the co-sharer then the sale does not affect her due share in the property.
Tapan
(Querist) 29 July 2014
Dear sir,
I am not able to understand your point sir, can you please simplify it.
Tapan
(Querist) 29 July 2014
i am the owner of the property
Sudhir Kumar, Advocate
(Expert) 30 July 2014
on what ground your sister said it is illegal?
in what way she is connected to the land?
Rajendra K Goyal
(Expert) 30 July 2014
If you were the owner of land your sister has no concern with it.
Tapan
(Querist) 30 July 2014
18 years back my father has distributed its properties amongst us, and i got this land, my sister sold out his property many years back, but i preserved it, and now i sold the property, so she is demanding his share in the property taking the above mention situation, in my situation i had already purachased a house from that amount and if that registered sale deed will gets cancelled then i would be in difficult position to repay the amount.
My main question is that can my registered deed get cancelled on the ground of doing the sale deed in case of outstanding dues with the bank for the same property.
Tapan
(Querist) 30 July 2014
Along with that i want to know the legal point of view for the transaction whether my transaction is illegal by any means
M V Gupta
(Expert) 30 July 2014
If the distribution of the property by your father was done under a registered deed and ur name has been entered in the property card, ur sister does not have locus standi to file suit for cancellation of the sale made by you. Engage a suitable lawyer and contest the suit.
Nadeem Qureshi
(Expert) 31 July 2014
Completely agree with Mr. Gupta, contact a lawyer with all documents it will be better for you
T. Kalaiselvan, Advocate
(Expert) 01 August 2014
Since your father partitioned property between you and your sister long back and your sister sold her property to you then itself, your sister has no rights to file any suit against you claiming any right in it. However, please see if all her earlier transactions were registered transactions, if not, it will be very hard to prove the genuineness of the said transactions. Consult your lawyer by showing the related papers for proper opinion.
Satya nand aggarwal
(Expert) 02 August 2014
As your sister have no share in your property which has been sold by you , therefore your sister has no rights to file any suit against you claiming any right in it. However as per my understanding you want to know whether the sale deed can be declared illegal as you sold the land during the existing mortgage my answer is Not at all. Because you have already cleared the bank loan and the matter is between you and bank only.
