Requesting clarification on land sale

gopal (Querist) 13 December 2012 This query is : Resolved
Respected sirs,

Our family have a piece of land, which is in survey No 195/1A, 1B,1C (the total extent of these 3 survey number is 1 acre 64 cents) these 3 survey numbers are comes under one patta number.

the patta stands on my father name and my father's younger brother name and 2 more persons(that 2 more persons are not relations but they are share holders in total extent).

In this situation my father's younger brother and 2 more persons had sold the entire property without including my father ,the sale deed is registed.

Is it possible to sold like that? is it leagal a sub-registrar allow this type of registrations?

In what ground a sub registrar allow to register a sale deed?

On sale deed registration what are the procedures follow by the sub registrar as per the Registration act 1908?

Pls kindly clarify the doubt

regards
nandagopal

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ajay sethi (Expert) 13 December 2012
the survey numbers of plots are separate . the land must be clearly demarcated under these survey numbers .

ifyour father younger brother and 2 persons have sold entire property including your father share without your father consent then your father can challenge the sale .

contact a local lawyer . it is necessary to go through the agreement entered nto by your uncle to advise furher .

V R SHROFF (Expert) 13 December 2012
IF jointly owned, all have to sign and register the sale deed,
If ur father had not signed it, he can file court case to cancel the same, as his right is violated.

prabhakar singh (Expert) 13 December 2012
Now only one remedy left for your father and that is to file objection against mutation sought as the sale deed is not valid to the extent of his share and in case his mutation objection is not entertained in his favor,your father must exercise his option of suit of cancellation of the sale deed up to extent of his share.

One thing more,you state it to be a patta land which is made generally with a locking period clause during which it is not transferable,check this aspect too as the same shall made the sale deed void ab initio.

Raj Kumar Makkad (Expert) 13 December 2012
*Parbhakar sir! Patta word is used as mutation is Karnatka and some other States.

*gopal! In the given case a clear fraud has been made by those persons with the help of registrar and thus all those have committed criminal offence punishable under sections 420, 467, 468, 471, 120B IPC thus a police complaint is required to be lodged by your father simultaneously a civil suit for getting the sale of his share as null and void and cancellation of sale deed to that effect.

gopal (Querist) 14 December 2012
Dear All Experts, I thank for your valuable opinion and advice. You are busy in your day to day schedule in between you have allotted time for me, so I thank you once again.