Advocate Suraj G Desai

Questions Answered by Advocate Suraj G Desai

Q: Rectification on 7/12 by execution of Gift deed between non-relatives.

My father and his friend purchased plot measuring 9 guntha with equal share but wrongly made 2 separate sales agreement as 4 guntha in my father name & 5 guntha in his friend name and same is reflecting in 7/12. However actual land of 4.5 is in our possession. We only want rectification on 7/12. Is it possible through Gift deed?

Advocate Suraj G Desai answered
It is possible through gift deed also through sale deed. However you cannot make directly chances in 7/12 extract you need to executed some document to effect. So gift deed will work for you.However you cannot make directly chances in 7/12 extract you need to executed some document to effect. So gift deed will work for you.

Q: Transfer of ownership by using gpoa

Can anyone make sale deed on himself by using sathe khat and general power of attorney?principal and agent are not blood relatives.Principal has given general power of attorney and sathe khat to agent.By using this agent has transferred property on his name without principal consent.Sathekhat and general power of attorney are registered document.Agent has paid stamp duty and registration fee on the property.

Advocate Suraj G Desai answered
Yes he can transfer the property, if there is clause mentioned regarding that effect in poa instrument, however you can avoid such said sale deed by filing suit in civil court, as such sale deed is voidable at the opinion of principal, as you got protection under section 215 of contact act.

Q: Regarding purchasing of agriculture land.

A farmer will become ''Bhumiheen"' after selling his Agri, land. Can someone buy this kind of Agri. land?

Advocate Suraj G Desai answered
Yes subject that he should makes affidavit before tashildar starting that by such sale deed he will became landless and that he will not demand land from government hereinafter.Yes subject that he should makes affidavit before tashildar starting that by such sale deed he will became landless and that he will not demand land from government hereinafter.

Q: Mutation entry over 7-12 after purchasing farm land which is non N.A p

We have bought farm land of 9 guntha with 9 members involved in it. Sales deed is registered with revenue dept. Is this valid purchase ? Is it violation of tukda bandi law? If yes then how the sales agreement registered at first place

Advocate Suraj G Desai answered
What is total area on 7/12 extract, if it is 9 guntha in that situation only the adjoin owner can buy such land, if it is more than that then your sale deed is register illegal by violating the provision of fragmentation act ( tukade bandi).

Q: How to file case u/s 405 7 406 IPC

This is regarding my ancestral property which belongs to my Father and his siblings. My father has 3 siblings and we want to divide property equally among us and get our own share. We tried all possible ways to resolve this mutually but nothing worked. Seems like they are not ready to give our share and also illegally started doing construction on the Land that is not yet divided, So is IPC section 405 and 406 can be applied on them. If yes then how to file a case/police complaint against it.

Advocate Suraj G Desai answered
File a partition suit. And asked for injunction therein.The separate possession of yours is not define yet so co-owner has every right to possess whole property as it will deem to be join property unless parted by court or by mutual understanding.