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Wasif M   18 October 2020

Can a allotted plot of a unlawful society be claimed

My mother sold one allotted plot of an unregistered and unapproved layout society in her relatives. The purchaser made part payment made an agreement in writing on a 20/- bond paper and mentioned that the balance amount will be paid within six months time but paid over a period of 15 long years in installments without taking in writing to pay such long period. The buyer took municipal tax number before completing the payment. After the last payment, he died. In the meantime, he made a gift deed and transferred in his spouse name five years before his death.

My question is can I claim my mother's plot now. if so, how can I claim it. Please guide me sir.
warm regards,
Saqlan


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 3 Replies

Dr J C Vashista (Advocate)     18 October 2020

She has not transferred the plot/property in the account of the society but to her relatives, which is legal and valid transaction.

Terms and conditions of agreement to sell can not be challenged by you as her son/ ward. 

P. Venu (Advocate)     18 October 2020

What do you mean by "My mother sold one allotted plot of an unregistered and unapproved layout society in her relatives"?

Is it that your mother had sold plot to relatives? How is the purchaser related to her?

What are the contents of the agreement? Is sale consideration (price) mentioned there?

What is the relevance of "unregistered and unapproved layout society"? Please post clear facts?

Obviously, the land belongs to her? How is it that you are having a claim over it?

How is that mother is the owner of the plot - by purchase or by inheritance?

 

G.L.N. Prasad (Retired employee.)     18 October 2020

In the olden days, such transfers were taken place in mutual trust and the moment the agreement was made on stamp paper, the possession was given and the revenue records showed such purchaser name.   So if there was a mutation in the name of the relative and if the property is in the possession of such a purchaser for more than 12 years, your fight may be tough now.   Contact local advocates without giving scope for such assumptions.  As such purchaser has further sold the property, the presumption is that he might have taken care of the title flow through link document, revenue records.


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