Sale Deed even after Agreement of SALE CUM GPA was Registered
2 years ago
Person A is in land possession of Survey Number 45/C . Previously Some extent of Person A land has been acquired for irrigation project from survey no 45/C by Government and compensation was paid. There was a Land of 0.18 Guntas land left over in the same survey number 45/C other than the land acquired from survey number 45/C and the Person A since then was in possession. But from that time even the left over land of 0.18 Guntas was also in prohibition Lands List with the same survey number 45/C from that same time.
Regarding this He filed Title Suit in Revenue Court and got Court Order to issue Pattedar Passbook for 0.18 Guntas in the Survey Number 45/C on Person A Name in April 2007 . Regarding this he approached Tahsildar office with Court Order.
The Tahsildar issued Pattedar Passbook with Fresh Revised Survey Number 45/C1 with extent of 0.18 Guntas to avoid any future disputes in the Same year 2007 . And also his extent 0.18 Guntas Was Removed from the Prohibited Land List as Passbook was issued with a Fresh Survey Number 45/C1. The land which was acquired by government for irrigation project was still in prohibited Lands list with 0.18 Guntas deducted as new Revised survey Number 45/C1 issued for 0.18 Guntas .
Now Person A Sold Extent extent of 0.06 Guntas with Old Survey Number 45/C to Person B for Rs 5 Lakh via Aggrement of SALE CUM GPA in the Year September 2007.
But Mutation for extent of 0.06 Guntas was not done (or) Performed .Only Agreement of SALE CUM GPA was done in sub registrar office.with Document number 5131/2007. Here in Agreement of SALE CUM GPA Person A entered 45/C survey number instead of Entering the Fresh Survey Number 45/C1 which was issued by Tahsildar. Because the Person A has no Rights on Survey 45/C as Person A already obtained Revised Fresh Survey number 45/C1 for 0.18 Guntas issued by Tahsildar based on the Revenue Court Order Proceedings.
Person A in the Year 2010 Sold Pattedar Passbook Land which is 0.18 Guntas to Person C via Sale Deed (Document number 4152/2010) and mutation was also done in the Name of Person C in the Same Year 2010 for 0.18 Guntas .
Now Person B with his Agreement of SALE CUM GPA document which is having 0.06 Guntas mentioned Sold to Person D via Sale Deed of Extent 0.06 Guntas by Linked Document 5131/2007. (Agreement of SALE CUM GPA which was done earlier in 2007 year Vendor Person A and VENDEE person B)
Person D sale deed document having Different boundaries Mentioned than that the Boundaries which are mentioned on the Sale Deed of Person C.
Does Person D Have full rights of 0.06 Guntas on the Land of Person C ? Can he claim Person C land for 0.06 Guntas ? Please Kindly Reply Sir
It is a complicated civil case and opinion is to given only after going through all the related documents otherwise you may be misled. If civil suit is pending then putforth your defense properly by engaging senior counsel practicing on civil side.
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The agreement of sale between Person A and Person B in 2007 is void, as the correct survey no. was not recorded. Therefore, the sale deed executed in favor of Person D is also nullified. Therefore, no title was passed over to Person D as Person B was incapable of passing any title.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The agreement with Person B for the sale of 0.06 Guntas would be invalid, As the survey number was changed, but the changed survey no. was not recorded in the sale deed, therby making the agreement void. Therefore, Person D will not have any rights over the property. He is not the owner.
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