Agricultural land can be purchased without partition deed


Respected Advocates,

I am planning to but 12000 sq ft Agricultural land from Mr. A in Mulshi Taluka , Pune District.

Details of the land .

Survey Number :- 38

Taluka :- Mulshi

District :- Pune

Owner of survey no 38 :- Mr A, Mr B and Mr C having share of 12000 sq.ft , 17000 sq.ft and 40000 sq ft respectively.

Mr A is selling the land to me , he has fenced 12000 sq ft and  have constructed a house in one part of the survey no. 38, He has also registered the house in Gram Panchayat and have taken the electricity connection.

I have asked him for the partition deed between A, B and C . Mr .A said that no one is ready to make partition deed. He told that before doing the govt. survey ,notice was send to B and C and they didn't came so he himself took the possession and have fenced the property.

I have also searched all mutation and sales deed till now but no partition is mentioned in it.

 

Query 1) Is it safe to buy land and house from Mr A as no partition deed is made.?

2) if i purchase the land then Can Mr. B and Mr. C can create trouble to me as no partition deed is made among the all owners of the land. 

 

 
Reply   
 

when property is in joint names, the sale to be affected jointly by all or by one or more with authorisation from the others.  it is immaterial in whose name the house constructed therein is held in records of gram panchayat.  also, electricity connection can be held in name of one person.

hence it is not safe for you to buy the property of 12,000 sq. ft. by Mr. A only executing the document in absence of a partition deed.  All, A, B, and C must execute the deed to be valid.

 

 
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Thanks A Lot Sir.

 
Reply   
 
FIN

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Money disappears very fast.

Litigation can be protracted, stressful, and expensive.

Obtain proper legal opinion.

 
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FIN

 

LOCAL terms are involved.

If you have checked and concluded (correctly) that there is NO other Co-sharer than A,B,C then IT is OK.

Probably you have not seen any private unregistered agreement between A, B,C OR IT is  not shown to you, or IT may not even exist….You need to confirm IT yourself.

Agreeing with Mr. ganesh rao, since IT being jointly held all joint holders should sign the sale deed.

The declinature of B, C to partition by boundaries points to some dispute/disagreement and boundaries are not decided.

Sale of undivided share is being offered to you by A. IT can be contentious issue infested with complications.

If you are properly informed and competent to handle such matters, check on your own and decide.

For any deal, preferably proceed further the expert advice of LOCAL counsel as already explained.

IT is otherwise…wise to stay away from such deals.

Rest is upto you.

 
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