solution for sale deed

Querist : Anonymous (Querist) 27 December 2009 This query is : Resolved
Hi all

one of my client has this problem that my client has a property of 10 cents in lets say in s.no.10/2B, my client has the title document for that property in 1979, he has no patta for that but has A register, chitta and adangal for that property. Now ec shows that the same property is owned by X who has done a document in 2006 for the same property i.e. 8 cents in s.no.10/2B, now my client has entered into an agreement for the property with Z, he come across the problem in ec.... i have no idea with the above problem please advice

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adv. rajeev ( rajoo ) (Expert) 27 December 2009
what document has X got in his name it is no clear in your question.
If sale deed in X favour then your client will have to file suit for declaration and injunction against the X stating that the name of X appearing in the property extract is came to plaintiff's knowledgein the month ----20009 .

Khaleel Ahmed Mohammed (Expert) 27 December 2009
Quarry is not clear.

Querist : Anonymous (Querist) 27 December 2009
thanks for your response sir

as per 1979 sale deed my client is the owner and he has not transfered to property to anyone and he has the possession of the property.my client have no patta but have A register in his name and chitta and adangal only

when my client try to sell the property the intended purchaser had applied and got ec for the property. the ec shows that in 2006 "A" sold my clients property to "X" by a sale deed, however i have applied for the document mentioned in the recitals in which "A"got tittle to the property. if the document is a fake document what is the remedy available for my client

niranjan (Expert) 27 December 2009
From whom your client purchased the land- from A ? And if A again sold the land to X is criminal offence. Rest I agree with Rajeev.

Ajay Bansal (Expert) 28 December 2009
Rajeev is correct.

Querist : Anonymous (Querist) 30 December 2009
Thank you all sir

Prakash Yedhula (Expert) 30 December 2009
You can file a suit for declaration that the sale deed is null and void and seeking for cancellation of the sale deed

Querist : Anonymous (Querist) 30 December 2009
The difficulty is X has purchased the property along with some other property. so i think we cannot cancel the sale deed.... we are thinking of making a rectification deed removing the problematic single extent.. will it serve the purpose

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