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Krishna Prasad (official)     03 January 2009

Transaction of disputed property

Hi! Please advice.

A&B were jointly enjoying ancestral property of agricultural land located in Andhra Pradesh and accordingly survey and revenue records were maintained. ‘A’ died in 1995 leaving 7 successors behind him. ‘B’ has 6 children.

As on 1998, among the successors of ‘A’, 4 are majors and 3 are minors, and among the successors of ‘B’, 4 are majors and 2 are minors.

In this year,  ‘B’ along with 3 of his major sons and 4 major successors of ‘A’ executed a sale deed for entire land to ‘C’ and mutated in revenue records. In the year 2006, the remaining successors of A & B who became majors, found that the land was alienated. They challenged the mutation and applied for correction of revenue records.

The competent authority passed orders for rectification of records accordingly and this order was challenged by ‘C’ in the Hon’ble High Court of AP and got stay orders. Mean while they filed a Suit in Civil Court for partition and for injunction order to order the ‘C’, not to alienate and change the physical status of land

At this juncture, I would like to know


1. Can a third party go for sale agreement cum GPA with the applicants?

2. What is next course of action to be taken?


 5 Replies

S. BALASUBRAMANIAM (Advocate)     05 January 2009

actually childrens of A and B are having right over the property.  hence minor childrens when they attain majority they can file a civil suit for partition or declaration to declare the sale deed null and void against them.  the right course accroding to me is to enter compromise with the childrens who are not party to the sale deed in order to perfect title by executing another sale deed to sell their right in the property.

PALNITKAR V.V. (Lawyer)     05 January 2009

The major successors have defeated the right of minors. in this situation, it is not advisable to transact into development rights. As mr. Balasubramaniam has suggested you shoud settle with the minors also

Krishna Prasad (official)     07 January 2009

Thank u v v much sir. In these circumstances can some 'X' may enter into Sale agreement cum GPA with the minors to purchase the minors rights?


I do agree with my Ld. Friends, as both r absolutely right. you shoud settle with the minors also

sanjay singh thakur (advocate)     10 January 2009

The right of those who were minors cannot be defeated. Hence, third party can go for GPA but in civil suit as years elapse like months so it is not advisable to go for disputed property. Moreover, right legal remedy has been taken.

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