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Raja Sundarraman (Advocate)     09 January 2010

Is this sale valid in the Eye of Law?

Respected Learned Friends , I  request  all of you to kindly have lookinto the following matter and give a solution.

           The land to an extent of 33 Cents out of 250 Cents comprised in a Survey Number was sold out to X  in the year 2005 by the original owner of the property.

             Subsequently, in the year 2006, the original owners , knowingly or unknowingly , had executed the registered in my client's favour with respect to the entire extent of the said property  and  my client  in turn has executed the registered sale deed in favour of Y . The Patta has also been issued to Y

             In the year 2007 ,on coming to  know the execution of the Sale deed in favour of X  with respect to 33 Cents of the Land by the original owner, my client has purchased the same form X through his registered general power of attorney agent by a registered sale deed .

    My the queries are:

1. Is it correct to say that  the conveyance that has been passed on to Y is only with respect to the remaining 217 Cents out of 250 Cents ?

2. Is it coreect to say that in respect of the 33 Cents , my client is the owner , in view of the fact that only after the execution of the sale deed in favour of Y , my client has purchased  the same ?

3. Is it possible to convey the title with respect to the 33 Cents in favour of  Y  without  further payment of stamp duty , since Y had already  paid stamp duty  with respect to the  entire extent of 250 Cents ? if yes , by which way / mode , it could be done?

Thanking you,

Raja Sundarraman .



Learning

 2 Replies

Parveen Kr. Aggarwal (Advocate)     10 January 2010

1.  Correct.

2. Correct.

3. For conveying title of remaining 33 cents in favour of Y, a registered instrument is required by virtue of provision contained in section 17(1)(b) of the Registration Act, 1908 whereon requisite stamp duty will have to be paid.

 

Nali Seshu Kumar (SOCIAL WORKER)     16 January 2010

your client has an option to obtain consent deed from x ,such an event y is perfected tite back to the date of purchase in entire extent.  the recitals of the said document   plays vital role.


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