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kamalakar sawant (director)     21 February 2012

Validiity of sale deed implimetation

" A1 " had baought  part of an agriculture land from one B1 who was one of the members of the family of 3 say B1,B2,And B3 in1961 by registered sale deed." A" neither took possession of land nor applied for Mutation entry with Revenue authority till 1991.The deal was not known to other cosharers i e other family members.

 

B1 died  and his wife B4 as heir became one of the coowners of the land. !n 1991  the land held by B2,B3, and B4 as per revenue records was purchased by me with duely registered deed and applied for Mutation entry and also took possession, started development.

All of a sudden son of A 1 say A2 objected and produced registerd sale agreemend made in 1961, . His caims were rejected by Revenue courts ( Thasildr and Dy, Divisional cllector)as the land was sold by one of the family members without the consent or without making divisins/ partision. Further land was not sold for the benifit or to meet any need of the family members

  . Hence he appealed in  Hon civil cour In April1990 which was also dismissed by default in  ( He could not produced any other evidence.) in Jan1996. There after I developed the Land and sold part of the said land to other agriculturiss ( 2009/ 20110

Now A2 also died and his son A3 who was then major  filed a new civil suit fn for cancellation of my sale deed and dispossessing me on the same old grounds in Dec 2011.

 

Will somebody advise me on the followig ?

1. Wheather one can sale any part of the land without the knowledge or concent of other co owners of the joint Hindu family  and that too not for the benefit ir the need of the family if it is ancestral property of a joint Hindu family ?

2. Can the purchaser lay his claim or apply for mutaion entry after 32 years and that when the land is sold to me with everybodies consent icluding the wife of deceased coowner who sold part of land as descibed above ?

3. Can A 4 or the claiment then a major  whose fathers  appeal / suit was dissmissed by Hon Civil Judge in Jan 1996 can lodge a suit in the same court  after laps of 15 years in the same court  for disspossesion and cancellation of my purchase deed?

Thank u

K.Y.Sawant



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