Upgrad LLM

sec. 44 of transfer of property act 1882 and sec.22 of hindu


Dear Advisors,

Nephew A together with his uncle B have a piece of land in ancestral say 1000 sq. ft. and the name of nephew A and uncle B are registered on 7 / 12 index. When A proposed to sell half portion i.e. 500 sq. ft. of his share without dividing total land of 1000 sft because division of land takes 3 years by government, uncle B refused nephew A to sell his share to outsider and tried to offer only Rs.10000/- ten thousand for A’s share of land and at the same time outside party was offering me Rs.400,000/-. So A sold his share of 500sqft to outsider for Rs.4 lac under section 44 Transfer of Property Act, 1882 and outsider party i.e. buyer put Rs.100,000/- one lac on sale deed to avoid more stamp duty and registration fees. One the same day nephew A and buyer registered the agreement. After one month uncle B filed case against A and requested the court to cancel the sale deed and to allow uncle B to buy 500 sqft from the buyer at Rs.1 lac mentioned on sale deed under section 22 of Hindu Succession Act, 1956. On the basis of court the tehsildar has not put buyers name of 7/12 index. Now please advise nephew A what the court would do in this case? What are the outputs? What are the ways for nephew A to come out?

 
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dear querist,

there is no need to worry for A ,A can give statement in court that before selling the land to third party i had asked the uncle to purchase the same but he denied and now i had saled the land to third party but the support of third party is needed here,at no cost third party be ready to cancel the sale deed on returning of thier money,third party have now valued concerned in that property ,third party can state in reply aboutr the loss and damage of finance and property if sale deed will be cancelled.

best of luck]

Anish Thakur

9459321520

 
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Thank you Mr. Anish Thakur for your reply.  Since A nephew has filed his reply in the court saying  that he had asked his uncle B about his sale.  Now how to overcome the section 22 hindu succession act 1956 as it gives preferential right to uncle B to buy sold land and can nephew A apply section 97 of part IX the limitation act 1963?  Because uncle B has filed under section 54 of civil procedure code 1908 for partition.

 
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Dear Advisor,

Here is a revenue ralated  ancestral case in which A has got 200000 sq ft  agri land through ancestral way. he has 1,2,3,4 SON. After the death of A on 09.07.94  Accused/respondant No  1 has make forged application with the name of A at local talathi office showing that he is alive and get tranfgerred whole land on his name on 17.08.94 ( mutatuion entry of application) In application A writes that he becomes old enough to work in land so wants to transfer land to his elder son No 1. nO 1  has gave this application personally ON BEHALF OF A and No 1 signed in the corner  

After which mutation has get certified on 29.09.94 by Circle officer.Here is,may be a conspiracy between talathi/revenue officer and accused no 1. Surprisingly  A always makes his signature in english due educatred person but  on application there where thumb impression obviosly he wasnt alive. No 2( dead 2005),3,4 ( dead2007) were litterally under No 1 s dictatorship never dared to look into the papers as No 1 was what is called 'KARTA' there were also a joint family since many years and no partition dispute taken place before.

In year 2008 No 1 has sold the whole land with registered sale did to else and none of money gave to anybody.

Now the granson of A a nd son of No 2  B ( Age 35) has came across whole tradgedy and filed criminal case in sub div magistrate in 2009 which was unfortunatly dismissed on very first day saying no criminal case arise out suggesting civil suit.( lack of proper put up). Criminal appeal is pending at High Court.

Similarly, when B moved with an application for cancelling the mutation entry to SDO revisional officer in 2010 at taluka level. he refused  in 2011and not condoned the dealy saying 15 years time period is not justified to accept the appication. Meanwhile in 2010 the B  has made a Partition suit is which is pending so far.

Please suggest the the citations of actual low  for review / fresh revision application at Sub Division Officer on Limitation Act or Supreme courts fresh Judgement on delay condonement  where criminal case of IPC420,468 etc... in a view of Limitation Act. WHAT SHOULD NECESSARY STEPS TO DO. Please suggest.

I will be highly obliged.

QUESIONER.

 
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Dear Advisor,

 

Here is a revenue related  ancestral case in which A has got 200000 sq ft  agri land through ancestral way. he has 1,2,3,4 SON. After the death of A on 09.07.94  Accused/respondent No  1 has make forged application with the name of A at local talathi office showing that he is alive and get transferred whole land on his name on 17.08.94 ( mutation entry of application) In application A writes that he becomes old enough to work in land so wants to transfer land to his elder son No 1. NO 1  has gave this application personally ON BEHALF OF A and No 1 signed in the corner  

After which mutation has get certified on 29.09.94 by Circle officer.Here is,may be a conspiracy between talathi/revenue officer and accused no 1. Surprisingly  A always makes his signature in English due educated person but  on application there where thumb impression obviously he wasnt alive. No 2( dead 2005),3,4 ( dead2007) were literally under No 1 s dictatorship never dared to look into the papers as No 1 was what is called 'KARTA' there were also a joint family since many years and no partition dispute taken place before.

 

In year 2008 No 1 has sold the whole land with registered sale did to else and none of money gave to anybody.

 

Now the grandson of A and son of No 2  B ( Age 35) has came across whole tragedy and filed criminal case in sub div magistrate in 2009 which was unfortunately dismissed on very first day saying no criminal case arise out suggesting civil suit.( lack of proper put up). Criminal appeal is pending at High Court Mumbai

 

Similarly, when B moved with an application for cancelling the mutation entry to SDO revesional officer in 2010 at taluka level. he refused  in 2011and not condoned the delay saying 15 years time period is not justified to accept the application  Meanwhile in 2010 the B  has made a Partition suit is which is pending so far.

 

Please suggest the the citations of actual low  for review / fresh revision application at Sub Division Officer on Limitation Act or Supreme courts fresh Judgement on delay condonement  where criminal case of IPC 420,468 etc... in a view of Limitation Act. WHAT SHOULD NECESSARY STEPS TO DO. Please suggest.

 

I will be highly obliged.

 

QUESTIONER.


 
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