Wrong khata number

4 years ago

Hi sir/madams,
X and Y were two brothers. Elder brother X solely purchased multiple plots of land bearing different khata numbers from Z through a sale deed dated 1940 and the sale deed is backed by legal necessity and due consideration. After death of X and Y, 4 sons of Y transferred a set of 3 plots of land from 2 different khata numbers purchased by X from Z to 2 sons of X through sale deed dated 1979 backed by legal necessity and due consideration. The sale deed states that though the transferred set of plots belongs to X, sons of Y got them through mutual exchange (verbally) from 2 sons of their paternal uncle X. The schedule of 2 khatas and 3 plots are correctly mentioned in the sale deed except 1 khata number is mistaken 117 for 147. After purchase, the two sons of X again transferred that set of plots to 4 sons of Y through sale deed dated 1981 backed by legal necessity and due consideration. With turn of events, 3 sons of Y transferred their ¼ share each of that set of 3 plots to one of their brothers called S through individual sale deeds backed by legal necessity and due consideration. Now, 2 sons of X and their only sister filed civil suit against legal heirs of S as S expired claiming that the set of plots belongs to them and all sale deeds are invalid and illegal due to wrong mention of khata number in sale deed dated 1971. Please suggest legal advices to legal heirs of S to defend the civil suit. Thanks