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balaji n   27 November 2017

Property dispute - legal advice

X and Y inherit property from A. Property not partitioned.

Revenue records was in the name of deceased A. After some years Y dies.

X and his sons sell the entire property without consent of Y family who also have half share.

Buyer is not innocent. He knew Y has half share but still bought it.

After court order sale deed is cancelled.

Now can Y family enjoy entire property ? since x has received consideration from buyer already during sale.



Learning

 2 Replies

Azhagananth (Lawyer)     27 November 2017

Arbitrary and Casuistry Question? once the sale is Declared as null and void, the Buyer will file recovery of paid money against X and As X is liable to Pay.... the sale amount returns...

X is etntiled for his share... better file partition suit at earliest..

balaji n   27 November 2017

many thanks for your response.

casuistry question, exactly. 

As i said earlier buyer was not innocent.

Both seller and buyer under a crooked understanding executed this transaction. 

And moreover if buyer files for recovery of money, seller will easily prove that buyer was very much aware of this risk.

Documented proof available will seller to tackle buyer if recovery suit is filed.

Buyer very much aware of this fact.

Anyways thanks.


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