Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

yogesh (lawer)     21 December 2012

Sale certificate? owners right?

respected sir,

in 1991my frnds grand father purchased 2acre agri land (registered sale deed) and from home it was purchased he gave him for cultivation on charges. every time he visits agri land to see crop. but after 2-3 yr grnd father stop to visit regularly bcoz of age. so earlier woner said him he will see/cultivate the land and will give output to him. and he was giving direct to his house in his town.

but during this period he did not take steps to take mutation entry in 7/12 extract. and earlier woner took benefit of this, that he make a fake case that he had taken hand loan, in 1993,from a person from his village and that person took legal action against him for recovery in civil court. earlier woner presented in court sumoto in next day i.e. in 1994 and agreed to repay the amount with interest. and for that he gave security that land which was already sold to my frnds grand father.

that case run for near about 3 years to clear all documents. during this 6 month he failed to repay hand loan amount. so court took action against the land to sell out it. he agrees for this. court gave this land to money lender and that money lender sold that land to earlier woners younger brother. court issued sale certificate to money lender. now there in 7/12 extract there is name of earlier woners brother as woner.

during this period and after that till 2009-10, earlier woner regularly gives the agri product to grnd father in his town. in 2010 grnd father told to my friend to see the land and take the 7/12 extract, so that they will sale out the agree land. when he see the documents he & his grand father shocked for that there is not his name. so he asked for them, they denied to say all facts and give back the land.

 

here money lender, owner and earlier owners brother are from same village and family.

is there any right to sale property from belongs to other if there is no name on 7/12 extract? 

is it not that talathis/officers duty/ registrars duty to modify changes.? or gave effect?

how court take steps in like this cases without proper confermation?

 

now they have filed case under criminal case. u/s 420, 368 etc.

what will be another remedy for to get that land. can they (we) get back land.

its property of more than 20lac  

so plz reply.



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register