Sell of agriculture law
sidheshwar ingavale
(Querist) 18 January 2018
This query is : Open
we have 168 gunta agriculture land on the name of X and Y ,84 gunta each. Internal boundry of land for persons X and Y are not decided/fixed still, person Y selled 60 gunta land to some other person mentioning boundry of selled land is it legal? can person Y sell his land without permission of person X.
BAALASUBRAMANNYAMM
(Expert) 19 January 2018
In the absence of an understanding in writing between X and Y with regard to fixation of boundaries, the property is deemed to be treated as in joint possession. In such a case, any party wants to sell his un-divided portion, the consent of other party must be obtained. Otherwise, there should be every chance to made a litigation by either party.
kavksatyanarayana
(Expert) 19 January 2018
First solve your problem regarding the boundary. contact the local revenue surveyor to settle the issue. After fixing the boundaries, Y may execute a rectification land for already sold land,
sidheshwar ingavale
(Querist) 19 January 2018
Can X person put stay on registration of land which is sold by Y person
J K Agrawal
(Expert) 19 January 2018
No consent of other party required by law.(if not agreed upon contrary)
First solving problem of boundary not required by law.
One can sell his joint share without consent of others(subject to pre-emption Laws).
But He can not sale a particular area without partition.
After such sale the remaining joint share holders can stop the purchaser to take physical possession of any part.
Even though the previous joint holders were using a defined part of property but proper division pending, the purchaser can not take possession of that much portion which the seller was holding previously.
The purchaser can not take physical possession of any part of property but he can claim his share of income from that property if any income is there from any part of the property.
It may be surprising but true that the purchaser can even claim share in the profits earned by previous joint holders from the area used by them (with out partition)
The purchaser will have to file a suit for partition to take actual possession.
The previous joint holders can restrain purchaser to enter upon any part of property without partition but can not get stay on sale of property nor can get cancelled the sale deed on ground of non consent.
sidheshwar ingavale
(Querist) 20 January 2018
On 7/12 there is name of sisters of X and Y person in other heir authority. Still Y can sell land?
SHIRISH PAWAR, 7738990900
(Expert) 22 January 2018
If X and Y are having sisters so they are also legal heirs of land. So Y can sell the land belongs to his proportion. The sale transaction above the Y's share in void.
sidheshwar ingavale
(Querist) 22 January 2018
what X can do in such case to stop illegal sell of land...only letter to talati and tahasildar is sufficient.or required to give legal notice via court/ advocate.. which one is appropriate
