Land dispute

Sachin tomar (Querist) 18 January 2021 This query is : Resolved
SIR MY MOTHER BUY AN AGRICULTURE LAND 2 BIGHA IN AUG 19 NOW THE LAND IS REGISTERED ON MY MOTHER NAME AND IN THE KHATONI MY MOTHER NAME IS REFLECTED BUT NOW THE SELLER TOLD THAT HIS BROTHER WHO IS OWNER OF 1/3 OF TOTAL HAD MADE AN AGREMENT TO ANOTHER PERSON IN THE MONTH OF FEB 18 AND THAT IS EXPIRED ON FEB 20 AND HE RECEIVED A NOTICE FROM THE AGREMENT PERSON .SO PLEASE TELL US CAN OUR REGISTERY AUTO CANCELLED

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Your mother has purchased agricultural land which is registered in her name. However, the seller's brother had previously made an agreement for a portion of the land, which has now expired. The person from this agreement is now claiming the land registered in your mother's name. While your registration is likely valid, the situation depends on the seller's actual share in the property. You may need to defend the sale in court and challenge the previous agreement.

SHIRISH PAWAR, 7738990900 (Expert) 18 January 2021
Hello,

Your agreement will not get cancel automatically circumstances moreover your mother's name is registered with the revenue authority. If your seller was having equal to or more than 2 bighas share in the property then your transaction is valid. In the worst scenario your mother will get a proportionate share in the property as per the seller's share.

kavksatyanarayana (Expert) 18 January 2021
What is the full extent of the land? How many co-owners/parceners for that land? If the seller sold the land to your mother exceeds his share in the property, then there are choices to cancel the deed. In such a situation, your mother will get the amount as the court decided.

Rajendra K Goyal (Expert) 20 January 2021
Whether the seller was having share in the land less than what he sold to your mother?

Your mother should try to defend the sale in her favor and challenge the validity, / action on the agreement in which is sale is questioned, in the court.

Sachin tomar (Querist) 31 January 2021
Sir the seller who made an agreement to another person had total 7bigha property.now the agreement person got registered his (seller) balance land(5 bigha) after putup a vadvivad case in the tehsil but now the agreement person told us that he want that land part also that is registered in tha name of my mother. Can he get that land part from my mother on tha basis of agreement

T. Kalaiselvan, Advocate (Expert) 05 June 2021
Let the buyer approach court with a suit for specific performance of contract.
Your mother, if impleaded as a party to the suit she may defend her interest in the property by producing the substantial documentary evidences in her possession and on merits.

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