Validation of sale deed
abhay dilip divate
(Querist) 05 May 2014
This query is : Resolved
Respected Sir,
My father had purchased plot through registered sale deed form Gruhnirman Socity before 26 years ago. Due to disputes in Chief Promoter and Vice Chief Promoter of the society, the name of my father is not entered on 7/12 extract of said plot till today. My father purchased plot from Vice Chief Promoter of society as per societies resolution. And at that time his name was entered on 7/12 extract on behalf of Gruh nirman sanstha. Thereafter Conspiracy made by Chief Promoter of society, and took all documents of society from Vice chief promoter. Then both go in court. The matter is pending before CJSD. The names of persons who purchased plot from Chief promoter are entered on 7/12 extract. Chief Promoter stated that, Vice Chief Promoter has no authority for selling plot.
Due to disputes pending in court of both the parties, we were not file any suit and Vice chief promoter always said us, we will win.
Now, I want enter my father name on 7/12 extract as per sale deed. But Tahasildar Office demanding resolution of that time, which is not in possession of Vice Chief Promoter. What to do? does registered sale deed is conclusive evidence of purchasing plot?
Please guide me.
ajay sethi
(Expert) 06 May 2014
if your father has purchased plot through registered sale deed he would be absolute owner of said plot .
if your father had purchased plot as per society resolution issue notice to society to furnish certified copy of said resolution. .
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
Properly advised by Mr. Ajay Sethi. The registered sale deed on the name of your father will be sufficient to prove that he has absolute and marketable title to the property, besides, if there was a resolution by the society on the basis of which the sale deed was registered on your father's name, your father can issue a notice to the Society to issue you with the extract of resolution for the purpose of transferring the revenue records non his name, failing which he can approach appropriate court of law for remedy.
