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Ravinder   26 December 2021

Regarding land

Example:
If one person (A) sold property/land through notary to other person(B).. ( by saying in the notary sale deed that, he got the land from Xxx , but not have any proof or notary deed that, A got property from Z (main land owner)).

Later,. B sold property through notary to C person. C sold property through notary to D person..
Final D person made gift deed registration in SRO OFFICE ON THEIR RELATIVES (E))..
After 20 years E person transfer the property through gift deed registration in SRO OFFICE to the F person...
Question is...
Can 'F' person have total right/ legal rights to be owner of that land or not and can he sale the property to anyone or not ...


Learning

 8 Replies

Dr J C Vashista (Advocate)     26 December 2021

The "...person (A) sold property/land through notary to other person(B)...." is invalid and sham sale transaction.
 

G.L.N. Prasad (Retired employee.)     26 December 2021

Unless a sale deed is properly registered, the purchaser can not get a bonafide, legal title of that property.   Show all the documents to a local advocate, and seek his guidance on the way to get a valid title deed through a registered document, as several aspects like period, dates, inheritance, mutation, etc., are to be verified with the flow.

Advocate Bhartesh goyal (advocate)     27 December 2021

Matary sale deed does not confer title such sale transactions are not valid so thereafter property transferred through gift deeds are also invalid and does not confer title , ownership of property.
1 Like

Ravinder   09 January 2022

Originally posted by : Ravinder

Example: If one person (A) sold property/land through notary to other person B {( A person saying in the notary sale deed that, he got the land from XXX i.e., main land owner),  {but not have any proof or notary deed documents i.e., A person got property from XXX)}.

Later,. B sold property through notary to C person. C sold property through notary to D person.. Final D person made gift deed registration in SRO OFFICE ON THEIR RELATIVES (E)) and paying PROPERTY TAX SINCE 20 YEARS..

After 20 years E person transfer the property through gift deed registration in SRO OFFICE to the F person...

F took building permission and also paying tax to the property regularly. 

Now

Question is... Can 'F' person have total right/ legal rights to be owner of that land or not and can he sale the property to anyone or not ...

 

G.L.N. Prasad (Retired employee.)     09 January 2022

Depends on the period and purchaser.

Ravinder   09 January 2022

how old the documents should be sir

G.L.N. Prasad (Retired employee.)     09 January 2022

12years+ and this is one factor. E or  F should possess the property minimum of 12 years with such proof as municipal tax paid receipts, electricity, telephone bills, voter card etc.  The main criterion is title as a person having defective title can only transfer his defective title and not valid title.

Dr J C Vashista (Advocate)     10 January 2022

@ Ravinder,

Transfer of any property on the basis of notary attested sale deed is invalid and illegal, rather no transaction in law. Accordingly subsequent transaction(s) is illegal, invalid and sham.

Title of such property still vests with A (the original owner)

Either you are unable to communicate what you intend to say or you are confused.


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