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manoj (head architect)     02 April 2010

CAN REGISTERED DOCUMENT BE DECLARED VOID BY HIGHER AUTHORITI

Our father had purchased a plot of 14  R fronting a major state highway.One of our brother wrongfully registered a relese deed of 2 R land from him when father was 83 and almost blind (MEDICAL proof  of his failed eye operations available).AFTER FATHERS DEATH his name is appearing on remaning 12 R  also.As the land is fronting state highway,rules of town planning do not allow any division of plot which has less frontage than 135 feet or 500 sq.m.He has stated the size of his division as 17 feet (frontage) x 127 feet.Even the land recod shows 2.00 r LAND in brothers name on same AND JOINT 7/12 extract but without any dimension.

Can i challenge this deed as it has no approved subdivision of plot?can i challenge on  the basis of fathers physical inability and wrong motivation of my brother(father was staying with him?

as 7/12 extact is not devided due to this problem and only his 2R land is denoted seperatelty.Will he require our sign to sell this part?Will he require our permission to approve buliding plans or to have loan over propert?

Manoj

MANOJ



 5 Replies

bhagwat patil (Property due diligence 9422773303)     03 April 2010

as u said it is highwaytouch plot  for the development or converting it in to N A plot tha 2R property is totally useless . the socalled owner ot the 2 r property should  submerge with adjuscent land.he cannot do anything wirh that land legaly.u being achitect aware of the fact.now. first enter all of hairs  in record of rights. convert it to NA plot then subdivide irrespective to 2 r land owenership .if he doesnt agree dont allow any illegal development in 2r land by informing local authorities.....2nd part to cancelling the sale deed it is so not so easy it will takes decades together.once u put ur feet in shoues of lagal process it will go on appeals from court to court dates after dates. during this litigation u cannot not develop tha remaining 12 r also.as being ur brother has inhherited  hissa in it the 7/12 extrct will show his name in form 7,  

manoj (head architect)     03 April 2010

sir ji thank u very much.If appealed,I think Prant( deputy collector) can put as " Illegal transaction' in other right coloumn in 7/12 extract.What do u think sir ji...........

bhagwat patil (Property due diligence 9422773303)     03 April 2010

prant has no juridiction of examining the legality of sale deed in this perticular case. he has powers in btal adiwasi act like certain acts. this transfer doesnot affect these acts.

1 Like

manoj (head architect)     05 April 2010

Sir ji,

I want to add some more information for u.This plot is already N.A.Brother has alredy built a small structure on it without leaving any side margins.N.A. order clearly states that owner has to take permission of subdivisional officer before any further subdivision.THis to is avoided in sale deeed process.

As u said prant is not authority,Whom should i complain to?Can i get a instant stay for any sale,construction on that property.

bhagwat patil (Property due diligence 9422773303)     05 April 2010

Pl send 7/12 extracts, n a order, sanctioned layout of plot , regd. saledeed of 2r. by the information supplied by u it learnt that he is constructing without passing the building plan.mail above scanned papers to bhagwatrpatil@yahoo.co.in, or call 9422773303


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