Specific performance Specific performance

4 years ago

Sir,my grand father has 10 acers agricultural land.He announced 1.00 Acres Agriculture land as

Pasupukumkama at the time of my mothers marriage. my grand father and her brother executed a Registered

Gift Deed 1984 to my mother. My mother filed a partition suit in 2016. so my uncle filed a specific

performance suit in 2017 that she sold her land in 1984 and made an sale agreement and asking the court

to direct her to register that land to him. He said he fully paid the sale amount to my mother. He

cheated revenue authorities and got his name in land records.In register office that land is in my

mothers name because of registered gift deed but in revenue records my uncle name is coming. When the

suit is still pending in the Court, my uncle sold my mothers land on 30-10-2019.I heard that person

who seeks relief must come with clean hands.so please advice me on what ground we can fight this case.

Prashant Mane

Responded 4 years ago

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A.Suit in litigation cannot be sold as per pendant lite principle in transfer of property act. You can brought it up to notice of court.
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Jagannath S Pawar

Responded 4 years ago

A.Revenue records entry is not conclusive proof title to the property. If substantial proof is with you, then you need not worry.
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