Undivided co-sharered land
Aman
(Querist) 24 November 2012
This query is : Resolved
Dear Experts,
My friend had entered into an ‘agreement to sell’ with a colonizer group (un-authorized) for his agriculture land (situated outside the controlled area) measuring 4 acres, comprising of 4 different khasra nos.
The colonizer group paid the earnest money & made up a layout plan indicating plot nos. & roads on it, for whole of the land covered under the said agreement to sell.
As a part performance of the contract, my friend got registered 1 acre of land in their names as undivided co-sharers. The colonizer group after got the mutation of un-divided share sanctioned in their names, sold almost 95% of the land (1 acre) in the form of plots only, located at different locations.
The sale deeds which were executed by them in the form of plots, confirms the location of the plot sold at specific location & also a plot number was given to each sold plot in the sale deed.
Now, the colonizer group ran away from the contract for balance 3 acre of land, & the contract is terminated by the vendor due to non-performance on the part of vendees.
My questions are:
1. Are the sale-deeds, executed by the colonizer group in the form of plots at different specified locations (as per their un-approved site layout plan) are valid, without the legal partition with the original vendor (my friend)?
2. If, no, what should be done to avoid any illegal interference in our right, from the side of plot holders?
3. If partition suit is filed from our side, whether the plots sold at different locations will be allowed or the same would be clubbed together in the sold 1/4th share, after partition at any side ?
Plz advice, current status:
. Mutations of all these plots have been sanctioned illegally (as having an undivided share in land, one can’t sold any portion of it at specific locations).
. No physical possession of the plot holders is as at the spot.
Raj Kumar Makkad
(Expert) 24 November 2012
1. No.
2. Get the land partitioned from the Court of Tehsildar.
3. Those will be clubbed but i can safely be pleaded that the partition be made as per actual possession over the land means those newly inserted co-sharers of the joint Khewat shall not be entitled to intervene in the rest of the land than their own. It is in your interest to admit the possession of the plot holders in their respective shares so that your friend may get the permanent solution thereto.
Your friend even may get the possession of the entire land even the sold land as the same is legal till actual partition is made but morally this is wrong.
ajay sethi
(Expert) 24 November 2012
it is necessary to go through the agreements entered into between vendors and purchaser to advise . it seems your friend has sold 1 acre of land to developer . on basis of said agreement developer has sold plots to third parties . the issue would be whehter in your state non agricultursit cna buy agricultural land . at least in mahrashtra you cant do so unless you are agriculturst .
if not an agriculturist plot has to be converted into NA .
Raj Kumar Makkad
(Expert) 24 November 2012
The querist belongs to Haryana wherein such sale is valid to non-agriculturists.
Aman
(Querist) 24 November 2012
Thank you Makkad Sir, for your kind advice & guidance..
Now, what would be the status of the faulty sale deeds / faulty mutations executed/sanctioned on the basis of subsequent sales by the vendees in the form of the plots at different specified locations?
Raj Kumar Makkad
(Expert) 25 November 2012
Sale-deeds and mutations entered thereupon should be got challenged by you before Civil Court and those should be got set aside and meanwhile you continue your possession over entire sold land.
