Sir, My father was three brothers. My father and two uncle made partition of our ancestral land in year 1985 through their mutual consent. After mutual distribution, they applied in nearest circle office to register their name against plot and specific area. Their distribution was totally on the basis of mutual consent by sitting at my door and without mentioning any metes and bound and there was no any legal channel was followed.Their distribution was in such a way that in some plot they took seperately whereas in some plot they took jointly means one khesra No. 1601 was of total 75 dismil in which my father got 10 dismil, youngest uncle got 40 dismil and 25 dismil registered as combined. In Register II at CO Office it has been mentioned that in same khesra No. 1601, 10 dismil and 25 dismil of same land is registered on my father name. it is worthy to mention here that this partition has not been made through any court and there is no metes and bound mentioned anywhere regarding distribution of share to each brother and just area is mentioned in same plot.This 1601 no. plot has one side Road. It was quite clear that all the three brother has share in this same plot in different area and without mentioned any metes and bound. My Youngest uncle sold 12.5 dismil part of land in same plot to a third party which land is also situated adjecent to my land. The sold part is just adjacent to the road side. Due to selling of this part of land, I am aggrieved because now I have no way to go back side of land. on that specific part , my fathers possession was exists but without my father consent, my uncle sold a part of land to a third party by making witness of one uncle only er i.e. my elder uncle but my father not made witness at the time of registry however father share of 18.5 dismil also exists in same plot. my question/query in this regard is as below: 1. Can my uncle sell a part of land to a third party in such a case my father share is also exists in same plot and distribution as made out of court door and without metes and bound? 2. Is registry deed is valid in such a condition that in a specific plot where distribution has been done without metes and bound and out of three brother's share in a same plot, one brother has not been informed or made witness before selling a part of same land. 3. Can my uncle on his self assessment, sell a part of land which is just adjecent to the road. 4 can I claim my share in same part as I also remain in road side . 5. can the registry deed be cancelled by filing a suit. 6. can I claim the land by depositing the money as per provision of right of pre-emption under Section 16 (3) of the Bihar Land Ceiling Act, 1961 as I am co-sharer of same plot. 7. Is the above law is applicable in rular area of Bihar? 8. The mutation was not yet made in favour of third party due to oppose from my side. Kindly sugest me as how to save that part of land from going to a third party. regards
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Lawyers are available now to answer your questions.
You can claim right of preemption under provisions of Bihar ceiling act
2) uncle can sell his undivided share in land without consent of co owners under provisions of section 44 of transfer of property act
3) registry is valid
4) file suit for division of land by metes and bounds
5) seek injunction restraining purchaser from selling the land
6) you can claim share in said plot
Refer to the provisions of the bihar ceiling act and claim preemption thereupon.
The undivided share of the uncle can be utilized by him in any manner whatsoever and he does not require the consent of any other person.
the registry so done previously is valid
You can claim the elementary rights in the property alongwith the share in the said plot
Also file a suit for division of the property by metes and bounds
Regards
1. If it is a jointly held flat with out having been partitioned, then any part of it can not be sold without the consent of all the shareholders.
2.The said registration of deed is defective, hence invalid for which the said sale can be challenged in the Court law.
3. Unless the shares are partitioned with clear demarcation, the individual shares can not be identified and sold.
4. Yes, for cl;aiming your share on the said road side plot, you shall have to file a case challenging the said sale deed.
5. Yes, the Court will direct the Registrar to cancel the registration of the said sale deed.
6.The sale deed has already been registered. You shall have to challenge the said sale deed and also claim the right to be pre-empted before selling the said plot to a third party..
7. The said law is applicable all over Bihar, be it in rural or Urban areas.
8. Mutation does not signify ownership of the property, Registration of Deed does and as of now he is the title holder of the said land. Act at the earliest as advised above to challenge the said sale.
1. If it was a jointly held property without partition, then the share of one individual without identifying his particular share in the jointly held property shall be invalid, the aggrieved party can file a partition suit to divide the properties by metes and bounds and separate possession of their respective share in the properties.
2. The aggrieved party can approach court with a partition suit if no consensus is arrived regarding the easementary rights and other issues involving the property
3. Since this is a jointly held property, the consent of others should have been obtained.
4. Where are you involved in this claim when your father is living?
5. Dont go for cancellation of sale deed, instead file a partition suit, let the court decide on the basis of the opposite party's explanation in this regard. .
6. The situation may not be favorable for invoking the said provisions.
7. You may consult a local advocate on the issue what you are raising now.
8. You were suggested to approach court with a partition suit which shall bring relief to you.
Thanks to all of you for your valuable suggesstion.I woud like to put following conditions as there has been few incidents took place in previous days. i) My father and his two brothers distributed their land on their mutual consent by mentioning only area and plot and without mentioning metes and bound of plots in year 1984-85 ii) My cousin Bua( father's cousin sister) filed a suit for her half share in whole property and court ordered status quo order in 1989. iii) My uncle sold 12.5 dismil land to a different person in year 1990 and that time status quo order was in force. My father share was also in same plot but uncle sold the land. iv) My cousin bua filed a contempt of the court case for selling said land after status quo order against my uncle. v) My Bua died in year 2010 and now her husband and son is her substituting but her case were yegot rejected due to non submission of a substitution petition on the death of one of the respondents. vi) due to rejection of her title suit case in year 2013, earlier ordered status quo order is now not in force. vi) However By bua has already a miscllanious petition for restoration of her case being no fault from her side regarding submission of a substitution petition as it was fault of clerk of the court who has not put up the substition before judge while hearing. But till date her earlier filed and rejected case has not yet been restored due to vacant court. y vii)now I negotiated with my uncle and purchased his remaining property as per distribution made on mutual consent inyear 1984. viii) I also purchased a plot in the name of my father in law. this is the same plot which is in question. Means During purchasing from my uncle, I purchased the same plot from my Uncle Son which had been sold by my uncle in year 1990. My question is this: i) Who will be actual title of that plot which has been sold by my uncle in year 1990 and which mutation has not been granted. This time i purchased the land of my Father in law. One this may also be reminded. My uncle sold the land when status quo was in force but I have purchased the land when status quo is not in force as by Bua case has not yet been restored. ii) what will happen if same plot has been earlier sold by uncle and now sold by my cousin brother. only difference is in my uncle's time , as when my uncle sold the land when status quo is in force but I have purchased when status quo is not in force but likely to be restored in future. iii) Can I get success to save my said plot by purchasing from my uncle's son which has been sold earlier during status que in force but if status quo is not hear. iv) what can be done by first purchaser when he listen that his earlier purcased plot has been now sold by my uncle son by showing his share in ancestral property. v) I want to challange the earleir deed taking defence of status quo to status quo.
Thanks to all of you for your valuable suggesstion.I woud like to put following conditions as there has been few incidents took place in previous days. i) My father and his two brothers distributed their land on their mutual consent by mentioning only area and plot and without mentioning metes and bound of plots in year 1984-85 ii) My cousin Bua( father's cousin sister) filed a suit for her half share in whole property and court ordered status quo order in 1989. iii) My uncle sold 12.5 dismil land to a different person in year 1990 and that time status quo order was in force. My father share was also in same plot but uncle sold the land. iv) My cousin bua filed a contempt of the court case for selling said land after status quo order against my uncle. v) My Bua died in year 2010 and now her husband and son is her substituting but her case were yegot rejected due to non submission of a substitution petition on the death of one of the respondents. vi) due to rejection of her title suit case in year 2013, earlier ordered status quo order is now not in force. vi) However By bua has already a miscllanious petition for restoration of her case being no fault from her side regarding submission of a substitution petition as it was fault of clerk of the court who has not put up the substition before judge while hearing. But till date her earlier filed and rejected case has not yet been restored due to vacant court. y vii)now I negotiated with my uncle and purchased his remaining property as per distribution made on mutual consent inyear 1984. viii) I also purchased a plot in the name of my father in law. this is the same plot which is in question. Means During purchasing from my uncle, I purchased the same plot from my Uncle Son which had been sold by my uncle in year 1990. My question is this: i) Who will be actual title of that plot which has been sold by my uncle in year 1990 and which mutation has not been granted. This time i purchased the land of my Father in law. One this may also be reminded. My uncle sold the land when status quo was in force but I have purchased the land when status quo is not in force as by Bua case has not yet been restored. ii) what will happen if same plot has been earlier sold by uncle and now sold by my cousin brother. only difference is in my uncle's time , as when my uncle sold the land when status quo is in force but I have purchased when status quo is not in force but likely to be restored in future. iii) Can I get success to save my said plot by purchasing from my uncle's son which has been sold earlier during status que in force but if status quo is not hear. iv) what can be done by first purchaser when he listen that his earlier purcased plot has been now sold by my uncle son by showing his share in ancestral property. v) I want to challange the earleir deed taking defence of status quo to status quo.
1. Status quo is not a permanent order nor it is a final judgment.
It is just an interim relief.
If you have purchased the property by a registered sale deed, then you shall hold the title to the property.
As the suit has not been restored and as of today there is no litigation pending, yo need not worry about it at least now.
2. The status quo will not be automatically restored even if the suit is restored.
3. Your this question is not understood, or may be you are repeating the same question in a different maner, however since you have purchased the property by a registered sale deed, you need not worry about the previous issues, as a matter of fact you should have thought about it before buying it
4. Thus you know that it is wrong to by the property which was already sold to a third person ad your seller is not having any right over it, if so what made you to go ahead with the purchase?
5. You cannot challenge the previous purchase by a third person especially on the basis of status quo.
You should look into the steps to be taken for defending your interests in the property
1) sale of land by uncle when status quo order is in force in 1990 is in violation of court order and would be set aside
2) you dont have any clear and marketable tile to land
3)you should wait for court orders