Tripti Nagwekar (Owner) 18 November 2011

One land and two owners

I had a piece of land say 1000 sq. ft. and my name and my uncle’s name were registered on 7 / 12 index. When I proposed to sell 500 sq. ft. of my share out of land, my uncle refused me to sell and offered only Rs.10000/- ten thousand but outside party was offering me Rs.400000/-, So I sold my share of 500sqft to outsider for Rs.4 lac and outsider party i.e.buyer put Rs.100000/- one lac on sale deed. Now my uncle filed case against me and the buyer and requested the court to cancel the deal and allow my uncle to buy 500 sqft from the buyer at Rs.1 lac. Is it possible for the court to cancel the deal and ask the buyer to sell 500 sqft to my uncle at Rs.1 lac?

Reply Follow

3 Replies

Advocate Vishnu (Advocate) 18 November 2011

Dear Tripti,

The courst cannot cancel a valid sale deal if the property has been properly partioned amongst yourselves and your share has been clearly demarcated.

Bharatkumar (ADVOCATE ) 19 November 2011

U r sold your part and take a full amount from purchaser right? U registration a sale deed in favour of purchaser at registrar office? Your uncle file a suit but this is not proper and not velid u contact local lawyer for that and give a copy of registered sale deed between u and purchaser.

Tripti Nagwekar (Owner) 25 November 2011

Dear Bharatkumar,

Myself and my uncle were cultivating one single piece of land and I was of the intention to sell my share that is half land but uncle was not allowing me to divide the land and so I sold my half land without division to third party and I took price of half land from buyer. Land division takes 3 to 5 years from local government body and uncle was not co-operating in the procedure of division. There was one 7 by 12 index for one land and our two names were on it. I tried to divide the land and to make two different index before selling but it failed because of uncle.