Land Issue
M Senthilmurugan
(Querist) 06 May 2010
This query is : Resolved
Hi all,
In 1994 my father purchased a 52cent (1/2 acre) former land in our village, the document made in my father name from a seller party. But the seller party was already gifted that land to his son on 1991 May month (age of son 1 ½ years)
In our document the selling party party, his wife (son guardian), father, and brother are signed .But the son not signed, because sge of son at that time was 31/2 years old but the guardian has signed.
Document, record all are in my father name & the original copy all are with us (origion document,son name transfer document, and our document)
After 16 years now the seller party is disturbing us. They are telling that “they are going to sell the same land to other party” is it possible?Is it legal???
Kindly advice what type action I should take???
Please help me..
Regards,
M.Senthilmurugan
niranjan
(Expert) 06 May 2010
File suit for declaration and injunction.I do not think that the son can sell the land to other party.Son has to challange the sale in your father's favour saying that the land was sold without necessity.Whether the gift deed is registered or not is also tobe seen.And when the father has signed the document as guardian of minor,I do not think you have to worry.
Ashok Yadav
(Expert) 07 May 2010
The Gift Deed was executed in 1991 and sale deed was executed in 1994, if the gift deed is regd. in sub-rgistrar office, then it may creat a problem to you, if not regd. then you should not worry.They can not sell the land if it is mutated in your favour, without obtaining declaration and mutation in their favour.
If the gift deed is regd. then you should lodge FIR against the seller for fraud played with you.
Guest
(Expert) 07 May 2010
Rightly advised by Niranjan & Mr. Ashok. As the property was sold in 1994, after the alleged gift deed 1991, you can very well lodge criminal complaint against the seller.
For safety purpose, it is advised to file an application to the concerned Sub-Registrar seeking not to register any deeds pertaining to this particular property as your father is the Owner of the property and also publish a Notice in the newspaper through local lawyer. (If the Sub-Registrar is insisting for court-orders, get the same in writing. This, as well as the newspaper notification will be useful in case the property is sold by the previous seller's family to anyone).
