(Querist) 04 July 2008
This query is : Resolved
Propety was registered in 2004 in Bangalore. The sale was challenged in the year 2006 as the property is one of the ancesstoral property and the plaintiffs is having 2/7th share in the property. Now both the parties are willing to settle the matter amicably. The issue is what document to be registered to effect the sale deed executed in 2004 ?
anantha krishna n.v. Advocate
(Expert) 04 July 2008
In all probabilities the purchaser is an outsider and the plaintiff is one of the claimants ( because he claiming only 2/7th share). The best way is that the Plaintiff withdraws his case as not pressed. Then nothing need be done. But if you are recording a compromise, then what about the remaining 5/7th share holders. It is advisable to involve the other 5/7th share holders also and enter into an MOU. You may get the ratification of the validity of the 2004 document in this MOU itself. You may also get MOU recorded in teh compromise decree in the same court.
(Expert) 07 July 2008
You sshould file a relinquishment deed declaring the relinquinhment of this shares. it is the most appropiate document.
(Expert) 08 July 2008
if you file a compromise petition before the court, the suit will be decreed as per the compromise petition, and by producing the decree before the authorities, the khata can be changed, what is the need of any registerd document? when you are having court judgment and dcree!
(Expert) 03 April 2009
i go with Mr. Jithendra
(Expert) 06 April 2009
I agree with views of the ld. friends. Thanks all of you.