Same property sold to two people by 2 brothers
2 years ago
X (elder) and Y (younger) are brother and they have combined property of 20 acres. X had gone for sub division for 12 acres and Y is left with 8 acres. Y wants equal share and filed a case in court in 1990 for 2 acres from his brother X. When the case is still in court, Y sold 10 acres (8+2) to M in 1992. In 1996, Court has given the declaration in favor of Y but Y didn’t execute the position and died. Now M unable to get those 2 acres. After court declaration, X sold 12 acres instead of 10 to N in 1998 and revenue records are in N’s name. Questions: 1) X sold 12 acres to N, is this legal???? 2) How M gets those 2 acres back in his name in revenue records.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Yes, from the perspective of N, the transaction between X and N is lawful; nevertheless, this can be challenged in a court of law. The transaction between Y and M will not be completed since it occurred before the court's order to place the full 12 acres in the name of Y.
Thank you very much. Please give the answer a rating.
Yes the transaction between X and N is legal from the point of view of N, however, this can be contested in a court of law. since the transaction between Y and M happened before the court's decision to make the entire 12 acres in the name of Y therefore, the transaction will not be fructified.
Thank you. Kindly rate the answer.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
During the Partition Suit, without taking Court's leave the parties cannot transfer or make change of the nature and character of the property but during the pendency of Partition Suit,Y had sold 10 acres to M when Y was actually challenging the Ownership of 8 acres and it seems that Y had done so without taking any leave from the Court because otherwise M will required to be added as a party therein.
It is necessary to scrutinize the documents and Order passed in that litigation because if it was Partition Suit,then after declaration of property share through Preliminary Decree,the specific portions are to be demarcated by Final Decree.
It is necessary to clarify on your part that after death of Y whether his legal heirs were substituted in that Suit, whether that Suit is still pending or disposed of, whether M had taken any step to joint in that Suit as necessary party, whether M had taken any step for recording his name in Revenue records after such purchase.
Until and unless relevant information with supportive documents are provided, proper legal opinion cannot be given.
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