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shubham G   23 February 2024

Who is owner?

A and B siblings

In 1974 partition deed happened between them 

1 acre land allotted to B

But still A has name in paper on RTC and he went agreement to sale  after receiving half money with X on 10-8-1979 saying sale deed , registration process should within 1 month but didn't executed the sale deed 

In 1991 B put his name in land as per partition deed 

In 2002 X made forgery sign of A  of that agreement to sale saying he paid all remaining amount and sale deed , registration process should within 1 month but didn't executed the sale deed again 

In 2005 X sent notice to A for sale deed, registration process

In went to court claiming ownership

 

Important dates from above reference

1. In 1974 partition deed between A and B

2 . In agreement to sale within 1  month between A and X

3.in 2005 X sent notice to A 

 



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     23 February 2024

"B" is actual owner of property  as he received the property in partition. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

What is your query?

B's share was allotted to him  by a registered partition deed.

B cannot be held for the forgery acts done by A or his buyer.

B can very well challenge the same if he is impleaded in the suit.

1 Like

shubham G   24 February 2024

Means B is absolute ownerand  A  cannot do anything because B is already got there his share in partition deed 

One more question?

Agreement between A and X is void ? 

And agreement between A and X is time barred?

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

You have rightly understood the subject, hence proceed accordingly 

shubham G   24 February 2024

Thank you sir

So B is true owner and

A cannot do anything?


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