sadaa binama
Querist :
Anonymous
(Querist) 30 April 2010
This query is : Resolved
Dear Experts , here is one problem arised to my colleague ,his land was fraduantly soldeded by his brothers actually the said lands was joint patta un-divided lands was inherited by peternal grand fathers to my collleauges father as pattedar . By ignorence of law the said property was soldeded by my colleagues brothers ,with out intimation to my colleauge ,and solded out the joint patta -agricultural lands 20 years back ,on sada bi-nama on white papers ,with out metts and bounds can it is valid? now in pahanees both brothers are still now as been recorded as joint-pattedars ,in revenue records , here is one another litigation arised the entire landed properties are my colleagues fathers two brothers un -divided properties still date ,and it had inherited to my colleague and his brothers as joint properties . kindly give me suzesstion ,on this problem ,thanking you sir ,
niranjan
(Expert) 30 April 2010
Your colleague and his brothers are entitled to their father's share in the property and for that they have to file suit for partition against uncles.
As sold out property is not on regd.sale deed,the said property could also be included in that suit for partition.
n.k.sarin
(Expert) 30 April 2010
Mr.anonimous as i understand from your query In my opinion there is no document like sada binama in the eye of law.As you mention both brothers are steel recorded as joint pattedars in revenue record hence they are still and actual owner in the eye of law.
Kiran Kumar
(Expert) 30 April 2010
i agree with Mr. Sarin, no such document can be put forward to deny the ownership rights.
if your colleague is apprehensive of any wrong action then either go for partition suit or declaration suit.
since the properties have already been inherited means father has died then ask for partition in the competent court of law.
visit some local lawyer.
