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rakesh (rakesh.ntpc@gmail.com)     18 January 2011

property dispute

There is a property of 300 sq yard in the name of Mr X. Mr X have 5 sons and 3 daughters. Presently X and his wife are not alive. All 3 daughters have been married. Mr X’s wife had a will for giving her share to small son.

We have purchased 200 sq yard from 2 sons & 3 daughters (total 6 parts including mother’s part) via sale deed and registry (As per govt rates, which is lower than actual sale deed) has been done for the same. Possession has been taken by us (covered by boundary walls).

Now rest 3 sons filed a case on us and sellers with dissatisfaction of partition and saying they have first right for buy this property at the rate of registered amount.

Now we required following suggestions from you -

1.       What should be the proceedings by us?

2.       If we lose the case what money will be refunded -actual sale deed amount or registry amount?

Regards

Rakesh



Learning

 6 Replies

niranjan (civil practice)     18 January 2011

At the time of death of X there were nine sharers i.e. each sharer will get 33 yards out of 300,now 6 sharers have sold their share i.e.198 yds. so as such there is nothing wrong except demarcation.

rakesh (rakesh.ntpc@gmail.com)     18 January 2011

Thanks for reply Mr Niranjan

Rest co -owners having problem with partition that we have in possession.They said our part is more valuable than their part.(please find attached doc)


Attached File : 52 52 property dispute.doc downloaded: 129 times

VIJAY MONGA (ADVOCATE)     19 January 2011

Mr Rakesh, It would be better to enter into a Partition with rest co-owners in this or that way otherwise they are having pre-emptive rights to purchase the property as per your Sale deed amount. 

rakesh (rakesh.ntpc@gmail.com)     19 January 2011

Thanks Monga sir

Please clear my doubts given as follows...

1. why sale deed amount? can they claim as per registry amount?

2. Tahsildar/registrar is not having any responsibility before going for registration of plot without partition?

   he is also part of the problem..am i right?

 

VIJAY MONGA (ADVOCATE)     19 January 2011

Yes, you can insist on Registry amount.  Tehsildar/Sub-Registrars are not responsible for any defect in the title of property they register. "Buyer Beware".  It was the duty of your advocate or Deed writer to let you well informed about the law at the time you were purchasing it.

rakesh (rakesh.ntpc@gmail.com)     19 January 2011

Dear Monga sir

Thanks again  for your advice...I am really sorry but I think there is contradiction between your both replies...

'they are having pre-emptive rights to purchase the property as per your 'Sale deed amount'

                                                                               &

                                                    'you can insist on Registry amount' 

Please clarify ....


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