Objection for mutation
Tanaaz shaik
(Querist) 20 August 2014
This query is : Resolved
Dear Experts,
Firstly i would like to thank each one for your replies towards all my queries.
i have a situation where my father in law had purchased a land in goa through deed of sale. and thereafter built a hotel on the same land as he was a builder in 2005.
later he sold that particular hotel along with the land to his manager by executing Agreement for Sale and also executed POA in his favor. in 2008 Manager sold the same to third party by executing sale deed and attached POA and represented for my father in law to sign in the Sub registrar.
now the third party moved an application in land records to enter his name for mutation. so my queries are as follows:
1. is the sale deed betw manager and third party valid without making my F-I-L a party?
2. can my F-I-L object the same mutation?
pls advise thanks.
Devajyoti Barman
(Expert) 20 August 2014
If your father in law has sold this property to some one in the year 2008 then why are you bothered now about the validity of the subsequent sales?
He has got the money , now leave the subsequent buyers at their fate.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 August 2014
Any land n bldg is to be transfered, original owners approbation is required for mutation and then only the new owners name Will appear on 7/12 extract as true owner of land n bldg. Ur father in law can prior registering conveyance demand some premium for the purpose.
ajay sethi
(Expert) 21 August 2014
your father in law has received full consideration . he should not raise any objections what soever
Tanaaz shaik
(Querist) 21 August 2014
Thank You all.. i will advise him same... have a nice day ahead..
T. Kalaiselvan, Advocate
(Expert) 26 August 2014
Agreed with the experts, your father n law has given a POA deed in favor of his agent, that will suffice the requirement of sale on his behalf thus it is valid and legal.
Tanaaz shaik
(Querist) 30 September 2014
Sir,
My father in law going to sue the third party and file a suit for null and void of the sale deed. as many contradictions are found in the documents. please advise whether supreme court judgement will help.
