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Regarding 1 sale did of land on Feb 7th 2023 by my father
3 months ago
My Father sold one land at my native near junner pune to person but it was not discussed and told to me and my brother and was not taken any signtaure on deals papers,that deal amount is not yet fully recieved and my father expired on 28th Dec 2023.i saw the registration papers with value as 10 lac and value of land is around 40 lacs.what is to be done in this case
A.Dear Client,
The act of registering a Deed of Sale itself signifies that the seller has received the full consideration for the property and has officially transferred ownership to the purchaser. Without substantial evidence supporting the claim that the agreed-upon consideration has not been received, pursuing legal action may prove challenging. It's essential to understand that the value of the land mentioned in the deed represents the market value (MV), as assessed by the Registering Authority for determining the stamp duty. The registration can occur based on either the assessed MV or the set forth value of the property. Therefore, disputing the transaction may require solid evidence and careful consideration of legal implications.
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The act of registering a Deed of Sale itself signifies that the seller has received the full consideration for the property and has officially transferred ownership to the purchaser. Without substantial evidence supporting the claim that the agreed-upon consideration has not been received, pursuing legal action may prove challenging. It's essential to understand that the value of the land mentioned in the deed represents the market value (MV), as assessed by the Registering Authority for determining the stamp duty. The registration can occur based on either the assessed MV or the set forth value of the property. Therefore, disputing the transaction may require solid evidence and careful consideration of legal implications.
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A.Dear Client,
In case the sold-out property is a self-acquired property of the deceased father, he can sell it to anybody without the consent of his family members. The registration of a Deed of Sale itself proves that on receipt of full consideration money of the property, the seller executed the deed of sale in favour of the purchaser. So, in the absence of strong evidence supporting your claim that the agreed consideration money is not received against the deal cannot yield any relief even through litigation before the Court. As regards the value of land as appears in the deed of sale is the market value (MV) accessed by the Registering authority for the assessment of stamp duty payable for registration of the deed of sale which is required to be registered either on the MV assessed by the Registration authority or based on set forth value of the property. If the MV is shown as the set forth value of the land, then the stamp duty is payable on the MV of the land. In case the agreement to sell it is shown as 40 lakhs and the registration is done on MV of 10 lakhs then it is done with an ulterior motive to evade the stamp duty causing loss of government revenue. Accordingly, being the legal heir you can file a civil suit for cancellation of the sale deed before the Civil Court because a registered deed cannot be cancelled without an order from the Court. Reach out to an Advocate with all the relevant papers of the land for guidance and steps.
In case the sold-out property is a self-acquired property of the deceased father, he can sell it to anybody without the consent of his family members. The registration of a Deed of Sale itself proves that on receipt of full consideration money of the property, the seller executed the deed of sale in favour of the purchaser. So, in the absence of strong evidence supporting your claim that the agreed consideration money is not received against the deal cannot yield any relief even through litigation before the Court. As regards the value of land as appears in the deed of sale is the market value (MV) accessed by the Registering authority for the assessment of stamp duty payable for registration of the deed of sale which is required to be registered either on the MV assessed by the Registration authority or based on set forth value of the property. If the MV is shown as the set forth value of the land, then the stamp duty is payable on the MV of the land. In case the agreement to sell it is shown as 40 lakhs and the registration is done on MV of 10 lakhs then it is done with an ulterior motive to evade the stamp duty causing loss of government revenue. Accordingly, being the legal heir you can file a civil suit for cancellation of the sale deed before the Civil Court because a registered deed cannot be cancelled without an order from the Court. Reach out to an Advocate with all the relevant papers of the land for guidance and steps.
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