Dear Advisors, nephew A together with his uncle B have a piece of land in ancestral say 1000 sq. ft. and the name of nephew A and uncle B are registered on 7 / 12 index. When A proposed to sell half portion i.e. 500 sq. ft. of his share without dividing total land of 1000 sft because division of land takes 3 years by government, uncle B refused nephew A to sell his share to outsider and tried to offer only Rs.10,000/- ten thousand for A’s share of land and at the same time outside party was offering me Rs.400,000/- to nephew A. So ultimately nephew A sold his share of 500 sqft to outsider buyer for Rs.4 lac under section 44 Transfer of Property Act, 1882 and outsider party i.e. buyer put Rs.100,000/- one lac on sale deed to avoid more stamp duty and registration fees. One the same day nephew A and buyer registered the agreement. After one month uncle B filed case against A and requested the court to cancel the sale deed and to allow uncle B to buy 500 sqft from the buyer at Rs.1 lac mentioned on sale deed under section 22 of Hindu Succession Act, 1956. On the basis of court the tehsildar has not put buyers name of 7/12 index. Further can nephew A and outsider buyer request the court to value the sold land at current market rate say Rs.6 lacs as civil suit is going on for past 2 years? Now please advise nephew A what the court would do in this case? What are the outputs? What are the ways for nephew A to come out?
