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kamalakar sawant (director)     19 October 2011

Lvalidity of sale deed by coowner of land

A part of landed property is sold 30 years back by one of the co owners to a third party without the knowledge of others .Bbuyer registers the deed but did not apply for mutation to revenue authority . Co owner dies. Remaining owners sold the property now. What will be status of earlier buyers hiers ? Can any body advise ?

Thanks.

Kamalakar Sawant



Learning

 5 Replies

M. A. Khan (advocate)     19 October 2011

purchaser of co owners property would get as much  rights over the property as the co owner had.  they become co owner with other owners.  i am not clear as to whome remaining owners sold the property.  earlier vendor's heir has no locus in the property.  record can be mutated even now.

VIKRAM BALU (Advocate)     20 October 2011

The sale by a co-owner of the property is valid for transfer of his undivided share in the property. The remaining co-owners can  sell/ transfer only their share of the property and not the entire property.

kamalakar sawant (director)     21 October 2011

Thanks for responding.

Incidentally the late coowners deal ( conveyance ) was neither known to family members nor the part of the land sold was proportioate to his share. There is no entry in 7/12 or relevent mutation documents. Hence current buyer bought the property in 1991 from owners as appeared in 7/12 and other relevent entries and mutation entry was passed by Talthi/circle officer. There after all the objections by current hier of expired coowner were rejected, cases dissmissed. Can he initiate fresh proceedings ?. What is law of limitation for reopenig ,refiling of objection and filing his caim ?

kamalakar sawant (director)     21 October 2011

 

 

The sale by a co-owner of the property is valid for transfer of his undivided share in the property. The remaining co-owners can  sell/ transfer only their share of the property and not the entire property.


 
 


 

21 October 2011, 23:41  

kamalakar sawant

director [edit]
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Thanks for responding.

Incidentally the late coowners deal ( conveyance ) was neither known to family members nor the part of the land sold was proportioate to his share. There is no entry in 7/12 or relevent mutation documents. Hence current buyer bought the property in 1991 from owners as appeared in 7/12 and other relevent entries and mutation entry was passed by Talthi/circle officer. There after all the objections by current hier of expired coowner were rejected, cases dissmissed. Can he initiate fresh proceedings ?. What is law of limitation for reopenig ,refiling of objection and filing his caim ?


 

kamalakar sawant (director)     22 November 2011

Thanks for guidence. Further will u advice me when a  person who baught part of the land from co owner of the land and also  who sold the part of the land without the knowledge of other co owners and both buyer and seller died  what is the fate of the transaction which is brougt to the notice of the current buyers after almost 50 yearsThe current buyers already developed the land sold the part of it to another buyer. Can heirs of fiest buyer who bought part of land but did not apply for mutation entry and did not even cultivated or proved that he occupiied the land can still lodge  their claim.What would be position .Is there any time limit ?

Kamalakar Sawant


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