Upgrad LLM

sale through notary is valid??


Hi Experts

 

My father has signed Bisar on  a notary (Rs 500) for sale of 10 Acres of Land out of which 6 acres on his name(got from my grandmother mritupatra) and 4 acres on my name(bought by me) howvere he has POA given by me.

the part has given adv of 15 lac which is around 5% of sale value and sale date is Jan 2014

 

Is there a way I can challenge this sale, and can save whole 10 acre land as teh deal happened at very low rate , I am ready to pay rs 15 lac + intrest if any.

Is bisar done on stamp of Rs 500 (NOTARISED) IS  valid??

 

Will appreciate quick response and some guidline on the available laws for the same

 
Reply   
 
ADVOCATE--LEGAL ADVISOR

On basis of Notarized Agreement to Sell, your father is not bound to execute sale deed. 6 acres of land, which he has inherited from your grandmother, is an ancestral property, wherein you have inherited right and ultimately you can sue for your share in that property. Meanwhile you can ask for stay on the sale of property by your father. You simply cancel your Power of Attorney executed in favor of your father by you. He won't be able to sell your 4 acres. Though at present he has agreed to sell as your power of attorney holder, as advised earlier hereinabove, that notarised agreement to sell is not enforceable in law by the buyer. akseth advocate:::::;;;aksethadvct@gmail.com


Total likes : 1 times

 
Reply   
 



Dear Sir

One of th advocate said that the Kararnama(Bisar) is a notarised documents and it has a legal value and can not be challenged in teh court, Even if we put a case it will go in the buyers favour.

As I want to save whole 10 acres , I ma not intrested in saving 4 acres on my name alone as it wont ahve much value if other 6 acre is old

 

Please advice and let me know if a copy of Karar nama is needed

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x