A property was sold in 1963 . In 2010 the legal heirs of the seller disputed the land sold and filed a suit in court against the buyers that the sale is void as their father was minor on 1963 during the time of sale and the suit is still pending. Now we have setttled the matter and we are going for a compromise decree with a sulanama between both the parties. that both the sides had/have equal interest over the disputed land and it has been decided that the entire land will be sold out to some third-party making themselves as the co-vendors We are interested in taking registration from both the parties as coowners of land so that the title of both the parties get transferred. Is it possible because no parties is willing to give up their title in the court. If we make seller as one party , confirming as the other party then the other party may again dispute as conforming party title is never transferred. So please advice
First ake decree on compromsie be done.
once that is done and if the court declare both the aprties as joint owners or co sharers then only you can add as joint sellers.
Otherwise you can add as confirming party in the sale deed.
To properly describe yourselves in the sale deed it is necessary to know the contents of plaint and the compromise petition.
Seller s would be in whose name property is standing as on date
2) the legal heirs would act as confirming parties
3) consent terms filed in court can be enclosed to the sale deed
1. It appears that the said suit filed by the legal heirs of the Vendor has crossed the limitation period.
2. However, since the matter has been amicably settled by both the parties a sale deed can be executed and registered wherein the legal heirs of the first Vendor will be consenting parties and shall give consent for the said sale after taking some compensation duly relinquishing their right title and interest and claims any further on the said property.
3. Since it has not yet been decided that the first sale was invalid, the legal heirs of the alleged minor being the 1st vendor can not become the co-vendor for selling the said property.
The legal heirs are not ready to relinquish their right over the title of the property because there are total 3 plots and 3 individual suits have been filed on 3 plots. Their lawyer said that the legal heirs have to made the seller only. It we make the legal heir seller then what will happen with another party. How do we get the title from the other party transferred so that they don't again standup with their title again and create a dispute
Legal heirs are not the owner of property
2) sale deed executed in 1963 has not been set aside by court
3) legal heirs cannot be made seller of the property
4) if sale deed is set aside then legal heirs can execute sale deed
1. The said legal heirs can be made the sellers if and only if the sale deed registered by the vendor is declared invalid because of the alleged minor status of the vendor.
2. Unless the first sale is set aside or cancelled, the legal heirs can not register another sale deed in connection with the same property.
3. So, it will be appropriate if the legal heirs sign the sale deed as consenting parties. before the same is registered.
Since there is a litigation pending it is better to refer the matter before lok Adalat for compromise going on outside court.
The warring parties cannot be convinced hence it is better to allow the case to be continued through Court itself.
The parties to the suits may be worrying on sentimental values hence it may be hard to convince all
In the given situation it would be better to allow the case tried by Court
As the case gets dragged on for years the will realise the pain and come down for settlement until then there is no other alternative than to participate in the case trial.