Legal Question in Real Estate Law in India

Bhagirath Singh buy 2 katha 15 dhur land khata no 122 khasra no 1364 from Ramdev Singh in the year 1973 and mutated his name in register 2 record . Lakhan Singh and Jakhar Singh buy 2 katha land out of 2 katha 15 dhur khata no 122 khasra no 1364 from Bhagirath Singh in the year 2006 and mutated their name in register 2 record and got sudhi patra,land tax receipt also. Rekha kumari has buy one katha land out of 2 katha khata no 122 khasra no 1364 share of Lakhan Singh in the year 2010, and mutated her name in register 2 record and got sudhi patra,land tax receipt also. Now in the year 2013 the nephew of Bhagirath Singh say that this is my plot. my uncle sold more than his share. Nephew of Bhagirath Singh shows a sale deed khata no 122 khasra no 1364 by Ramdev Singh in the year 1971 in the name of jatav Singh ( father of Bhagirath Singh).Is it possible that same plot khata no 122 khasra no 1364 registered in the name of jatav Singh (Father) in the year 1971 and in the name of Bhagirath Singh (son) in the year 1973 ? How is it possible ? Where was nephew of Bhagirath Singh since 1973 to till date . Now the point is that Is right of Rekha Kumari and Jakhar Singh on this plot khata no 122 khasra no 1364 . Husband of Rekha singh is a serving soldier can she get any relief as welfare of serving soldier regarding this issue.


Asked on 9/25/13, 3:20 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.09.2013

Dear Sir / Madam,

I have read your entire query and to cut a long story short, the most important factor to be taken into consideration in each purchase and sale record of the land is whether the prevailing Stamp Duty at the time of registration of the transaction in the record of the Tehsildar / District Registrar has been done, simply because having done so, no confusion or complications of any nature arise thereafter.

The nephew's contention of the sale by Ramdev Singh to Jatav Singh (father of Bhagirath Singh) may be verified for authenticity with the Tehsildar / District Registrar, because he claims that transaction to have taken place in 1971 i.e prior to 1973, so its possible that Ramdev Singh sold the land to Jatav Singh (Father of Bhagirath Singh) in 1971 and Jatav Singh during the period 1971 to 1973 thereafter sold the land back to Ramdev Singh; and Bhagirath Singh (son of Jatav Singh) finally brought the same land from Ramdev Singh in 1973. All the subsequent land transactions are also valid. Any relief or concession of 10% in the amount of Stamp Duty payable by Rekha Kumari (Singh) is at the discretion of the Valuation Officer.

Regards,

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Answered on 9/25/13, 4:18 am


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