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Un Registered Sale Deed.

Querist : Anonymous (Querist) 25 December 2009 This query is : Resolved 
Dear Experts of the forum,



A person/ Kowldhar Mr."A", without Title( Neither purchased from the Pattedhar {Owner} nor got any right from Revenue authorities) on the land sells the land to Mr."B" through an Unregistered sale Deed made on Rs.5/- stamp paper in the year in the year 1980.And after expiry ( Death ) of the seller a GPA is taken from his children on a Rs.10/- stamp paper and registered the same with local SRO in the year 1988 by Mr. "B" ,and leases the land to a third party for commercial activity. Is this action of Mr."B" is lawful?

under the above condition can the pattedhar{Owner}, claim his rights against Mr."B"?

The problem pertains to State of A.P.

Thank you ALL in advance.
niranjan (Expert) 25 December 2009
What the owner was doing so long ? If he knew that his land has been fraudulently transferred why did he not take action ? When this came to his knowledge ? What is the position of revenue record ? Keeping in view all these questions he may file suit for declaration ,injunction and possession of the property,but delay would come in his way.
adv. rajeev ( rajoo ) (Expert) 26 December 2009
This
is benami transaction. All transactions
are illegal.
Further I agree with Niranjan
Ashok Yadav (Expert) 26 December 2009
A person who have not any title over the property, i couldnot under stand how he can sale the property. And by way of un regd. sale deed no property can be sold.

so all these transactions are void, and the original owner have full right on the property.

If a person is not the legal owner of that property how he can execute a GPA that is also void.

The owner (owner in revenue record) should file a suit for declaration in court and calim the possession of the property.


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