Sale deed void

 

Online (Querist)
11 January 2021

We are one of co-owner of a property.Rest owner sold that land without informing us in 2001. Rest owner died in 2010.Buyer unable to do Mutation .Buyer found us and came to us requesting to sing our part , he is ready to give us 2001 purchase rate.Buyer running one law college , one school , b.ed college in the entire land.But want to give us only 3 Laks.
We want either land back or market rate
Please suggested :
1) What should we do to stop his business in at least our portion ?
2) Can we claim to void the sale deed in court ?
3)Can we claim our portion land from court ?
4)If sale , can we claim present market value ?
5)What should we do to stop any contruntion without our concent?


Dr J C VashistaOnline (Expert)
12 January 2021

Sale transaction by other/ co-owners is stated to be about 20 years old, did you or anyone else raised any objection for demarcation of the property ?
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
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AyanOnline (Querist)
12 January 2021

One co owner written objection in BLRO , that is why the Mutation process stop and Buyer comming to us for signature

kavksatyanarayanaOnline (Expert)
12 January 2021

Yes. you kept silent nearly 20 years. You stated your one of co-owner sold his share. How many are there for that property? and how did you get that property?

AyanOnline (Querist)
12 January 2021

There were 5 co-owner. 3 of them sold entier property by false warition cirtificate.One coowner raised objection againt mutation.We came to when byer came to us for signature

Isaac GabrielOnline (Expert)
12 January 2021

It is already 20 years. Any how you are having an opportunity now to stake your claim. If litigation starts, it may take another spell. Better get the market value for yourshare and settle happily.

K RajasekharanOnline (Expert)
13 January 2021

Based on the minimal facts what can be made out from the query and your answers it seems that you may not be able to stop the running of the schools and all that. It may also be difficult to cancel the sale deed in regard to the 3 shares in the property. But the only thing you can do is to demand for present market price which he would be forced to give you as the sale of your share is occurring only now.

He has some better weapon in his arsenals. He can claim adverse possession of the land for the past 12 years on your share of property. If he can convince it in the court by hook or by crook, your right in the property will automatically get extinguished and he can be declared the title holder of your potion of property as well.

If he has obtained the 3 shares by a proper sale deed his title on the property is chrystal clear. The mutation is only a formality which cannot be obstructed to by a mere application of another co owner of the property when there is a clear sale deed.

This answer would be inappropriate if I understood any of the facts improperly.



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