Validity of documents.
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Dear Experts of the forum,
I WISH 'ALL THE L C I MEMBERS', "HAPPY SANKRATRI".
In a sale transation,a GPA holder Mr. 'BR' of a property enters in to an agreement with a person Mr.'NM',aceepting the fact that he had received total consideration and declares that he will attend to the registration office to signe the deed when ever Mr. 'NM' calls him ,this happened in the year 1968. but registration had not taken place.
In the same year Mr. 'NM' sales 40% of this property to Mr.'AR'. and balance60 % of the property was sold ( in the year 1980) to Mr.'PV'.using the same wording as used by Mr.'BR' as explined above.
In the year Mr.'AR', applied to the revenue authorities(During this time AP state had given a chance through a GO for regularisation of such trasactions) saying he has unregistered sale deed and wants revenue authorities to regularise the same .The REV authorities had issued notice to Pattedars and to legal hires of Mr.'NM',the legalhires of Mr.'NM' confirmed the existance of the document but the Pattedars abstainedthemselves from the proceedings and Revenue authorities made a note of the same(made Pattedars as exparte) and regularised the same after collecting the due amount as per rules.
Mr.'PV' did not used this oppurtunity, but the land is under his occupation even today. Mr.'BR' died in the year 2003.
{As on today this property along with some other properties passed on to some one else through a WILL.Case is going on in a CIVIL COURT among the family members for partition.}
My question is, who is the owner of the above dicussed property.(i)What happens to the property of Mr.'NM', regularised by Revenue authorities? (ii) can Mr.'PV' clim rights on land in his position.( As thease properties flown to thease person through a GPA.)
Thanking YOU ALL in advance, with a requst to go through my above QUERY and GUIDE me.
Raj Kumar Makkad
(Expert) 13 January 2012
If GPA was valid till the date of sale or the rule of the State Govt. to regularize such sale then there is no problem and the persons who got regularization are its true owners in possession but the situation in case of PV is different as he is still lethargic and has not availed the golden opportunity provided by State. Though his eviction is not possible but he is not owner of the property in question. He should enquire from State Revenue department whether he can also follow NM or not and should take action accordingly.
