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How to claim ownership of agricultural land
02-Apr-2023 (In Civil Law)
Sir, my father transferred 1 acre of land through a registered sale deed without consideration but agreed that he got consideration in sale deed in july 2005 when said property was pending in court for partition suit since 2003.when we were minors i got 35 cents of this property through court and my brother as divided into 3 shares by courtre the transferee didnt claim ownership till now.he want to move court now can my father defend for his share? (Hindu total property 3.11 acres divided into three parts of which i got 0.35 cent out sold property to transferee can the transferee claim my fathers share excluding mine ? Please answer
As your father transferred the said property to the transferee without any consideration, the said sale deed is not binding in the court of law. Later when your father agreed to take the consideration, if the same has been jotted down as a clause in the sale deed in 2005, only then the transferee is eligible to claim his/her share in the property but, as the said property is barred by the pending partition, the transferee is not eligible to claim his/her share in the property. Though, he can claim compensation from your father but only when the said consideration is added in the sale deed as mentioned above.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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