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r k sinha (p i)     27 August 2021

Sale deed

A registered saledeed for 2 separate plots situated about 500metres apart, was sold in 2014 by 2of the 4 holders in agricultural land. The land was partitioned amongst the holders, having residential houses on the plot situated on the roadside. The total sold area was 2020sq metres but how much land was sold out of the both plots by both seller having total 3300sq metres land holding each was not depicted in the deed. Moreover both the plots were shown on te same location on the roadside with 12feet road, but the road is a metalled 30 feet road.the residential houses of seller and their sons also situated on the land adjoining road, but those were not mentioned in sale deed, whether the deed is void or can be cancelled as it fails to depict the area of the lands in separate plots sold by both holders having lands not at the same place. A stay is also granted upon the area of the partitioned land of a deceased holder pending mutation.


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 5 Replies

Dr J C Vashista (Advocate)     28 August 2021

Re-draft  and post facts in simple language, which are absolutely confusing and vague to form an opinion and oblige.

1 Like

P. Venu (Advocate)     28 August 2021

Yes repost the facts in language that others can understand.
1 Like

r k sinha (p i)     28 August 2021

A, B, C, D (all brothers)are equal share holders demarcated in 2 separate plots bearing plot no 57 measuring 6800sq mtrs and plot 670 measuring 4100 sq mtrs.Each one got 1700+1025 =2725 sq mtrs land holding. A and D jointly sold only 2020 sq mtrs land mentioning both plot 57 and 670 thru regd sale deed in 2014,depicting the sold plots at one location which is plot no 57 with 12feet road on the west. In fact the road is 30 feet wide metalled road and all the brothers got their residential house situated on that roadside plot. On the demarcated plot of B, a stay is prevalent. Whether the regd sale deed is void as it didn't depicts how much land was sold individually in the relevant plot57 and 670 each, both the plot being located over 500metres apart, the depiction of both of the sold plots at location of plot 57 apart from the fact that the houses of sellers, their sons also are situated on the road side (which were not shown in the sale deed). How the purchaser could get the land as sold when the inherrent lacunae is prevailing, a cancellation of sale deed by the sons having their residence on that boundary which may be disturbed by sale deed be filed?

P. Venu (Advocate)     30 August 2021

Sorry, the above posting also falls short of facts. "A, B, C, D (all brothers)are equal share holders demarcated in 2 separate plots ..............." How they are in joint possession of the two plots? "On the demarcated plot of B, a stay is prevalent" Why the stay? ".................... their sons also are situated on the road side (which were not shown in the sale deed) ...................." What do you mean?

r k sinha (p i)     30 August 2021

All of them equally got the possession of 2 plots partitioned amicably , having physical possession on both plots as a, b, c, d respectively.A and D were on extreme ends of the plot facing road as the holding and houses thereon situated. The sale deed depicts that A and D jointly sold 2020sq mtrs land out of both the plots, without mentioning how much area is sold in each of the plot individually. The map and boundaries were shown as both the plot being situated adjacently and that too on the roadside plot.There is no confusion over as such, since the houses were situated over the plot sold on roadside, so how the land be mutated by revenue authorities when there is no mention of how much area to be transferred in each of the plots individually? How the boundaries be defined when land having houses inhabited by A, D and other family members on roadside which was shown as open land, without any construction? The area of both plots equally demarcated and A, B, C, D holding on their partitioned share on both the plots individually on same serial as a b c d,

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