Validity of sale
Raja Sundarraman
(Querist) 09 January 2010
This query is : Resolved
Respected Learned Friends , I request all of you to kindly have lookinto the following matter and give a solution.
The land to an extent of 33 Cents out of 250 Cents comprised in a Survey Number was sold out to X in the year 2005 by the original owner of the property.
Subsequently, in the year 2006, the original owners , knowingly or unknowingly , had executed the registered in my client's favour with respect to the entire extent of the said property and my client in turn has executed the registered sale deed in favour of Y . The Patta has also been issued to Y
In the year 2007 ,on coming to know the execution of the Sale deed in favour of X with respect to 33 Cents of the Land by the original owner, my client has purchased the same form X through his registered general power of attorney agent by a registered sale deed .
My the queries are:
1. Is it correct to say that the conveyance that has been passed on to Y is only with respect to the remaining 217 Cents out of 250 Cents ?
2. Is it coreect to say that in respect of the 33 Cents , my client is the owner , in view of the fact that only after the execution of the sale deed in favour of Y , my client has purchased the same ?
3. Is it possible to convey the title with respect to the 33 Cents in favour of Y without further payment of stamp duty , since Y had already paid stamp duty with respect to the entire extent of 250 Cents ? if yes , by which way / mode , it could be done?
Thanking you,
Raja Sundarraman .
Raj Kumar Makkad
(Expert) 10 January 2010
1. If the seller was not owner to the extent of total share mentioned in the sale-deed then definitely it is liable to be set aside whole and it is not correct to say as such.
2. Yes. It can be said so.
3. It shall be better if Corrigendum Sale-deed is prepared and got executed accordingly mentioning the entire facts therein and thus first sale-deed and this sale deed shall be clubbed and nothing shall b disturbed.
Raja Sundarraman
(Querist) 12 January 2010
Respected Learened Friend, Makkadji, will you plese give me any apex or highcourt ruling / statutory provisions in support of your Response to my query #1?
Thank you Sir.
