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RAM 11111111 (PROPRITOR)     02 December 2010

SALE DEED

Dear all,

The land is situated in Maharashtra. The land record shows under class 3 & devstan trust in other rights . The owner was applied  in 1972 against the case against trustee towards charity commissioner for finding the fact. After verification it was unregistered trust and given award accordingly. After  it was registered  on ferfar document i.e. 6 A in Tahsil but remain unchanged on 7/12 EXTRACT IN 1976.Present 7/12 shows DEVSTAN & 5 owners names class III.

Now the land owner sold their land to X person & did sale deed agreement and enjoying physical possession. After registration tahsil dept. refused to record X name on 7/12 stating that land belongs to  Devstan(HINDU) & comes under CLASS 3 category. Now X sold their land to Y on by reg.NOTARY mentioning condition that all documents to be cleared by the seller. Y has also purchased some new land existing this land so he is very much interested to purchase this land but having following doubts:

1. Can Y do sale deed based on X’s sale deed without 7/12 extract? If yes this a valid document in law?

2.How valid document of NOTARY in law& how much period if period not mentioned in while doing Notary?

3. What is the procedure to fight against tahsil dept, if Y done sale deed with X?

4.What is LEGAL document to prevent Y to sale  this land to third party?

5.Is their any legal complication will arise in future?

Please advise,

Thanks.

 

 

 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 December 2010

Let me what is that document?  Is it agreement of sale ?  On the basis of the agreement of sale no one can sell the property to other person.  The holder of AOS will have to file a suit against the owner for specific performance of contract.

RAM 11111111 (PROPRITOR)     03 December 2010

Yes sir, document means sale deed agreement.. Is it possible sale deed on the basis of sale deed  aggreement without 7/12 th


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