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Abhinav Ahuja (DM)     20 September 2015

Co-owner and cancellation of sale deed

(1) The original sale deed in 1980 , name of 2 buyers  there , Mr. A and Mr. B. From 1984 , they started living on the land , Mr. A on one side and Mr. B on another side. They made their separate portions and both portions have their separate entrances. As on one side of land was one locality and on another second locality. Plot size around 300 yards. Each having possession of 160 and 140 yards respectively.
(2) 1994 Mr. A sold some around 80 yards to Mr. P and executed a sale deed. Mr. B is not a seller here. This 80 yards was sold from the area which is in possession of Mr. A. It was mentioned in first sale deed that now there is no land which is owned by Mr. A in this plot.
(3) 1999 Mr. B executed another sale deed to Mr. P from another 80 yards from land which is in possession of Mr. A. In this there was mention of sale deed of 1994 also and Mr. A also signed as witness.
(4) Mr. P , being a relative of Mr. A's wife , made will and granted both above 2 plots in will to Mr A's wife. Mr. P dies in 2015.

Now Mr. B ( the second co-owner) wants to get second sale deed ( which was executed by him cancelled).

Questions  are :

(1) Whether sale deed can be cancelled now and if yes how.
(2) Whether Mr. A still has the right in the remaining land i.e the lans which is remaining after making 2 sale deeds and which is under the possession of Mr. B. Though Mr. A mentioned in first sale deed that he does not own any property now.



Learning

 1 Replies

Advocate Rohit (Advocate)     20 September 2015

Firstly if Mr. a was occupying 160 yards then how by executing sale deed in 1994 for 80 yards he said i don't own any plot of land?

Secondly, you are stating in 1999 another sale deed was executed by Mr. B for the land which was of Mr. A, the above two statements are contrary in nature.

kindly clarrify.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

 

 


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