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Author Topic: What establishes land title - Is it Registration document or 7/12 record  (Read 1981 times)

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Offline Swapnil

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I recently came across a case where a piece of agriculture land in Maharashtra was under dispute of ownership/title.
The farmer(original owner)had made a registered 'agreement to sell' with a buyer in 2006. He had also given his power of attorney to this buyer. This buyer(buyer no.1) then sold off this land without the consent of farmer, based on power of attorney to another buyer(buyer no. 2) in 2007.

In 2008 the farmer and his co-owner family sold the same land to another buyer (buyer no. 3) through a registered sale deed/agreement. This buyer (no. 3) now has the sale deed and 7/12 record in his name.

Buyer no.2 is now threatening buyer no.3 of police complaint for cheating. Has buyer no. 3 cheated? Who is the legal owner of this land now? Buyer no. 1, buyer no. 2 or buyer no.3 ?

Offline advkhanna

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the property belongs to that person on whose name the registered deed has been made. the law will support that person ONLy.

It is the duty of a person who purchases land / immovable property to register it at the time of sale, failing which indicates an intent to cheat the govt of stamp duty.

hence the registered deed owner is the clear winner here.

since this is about maharashtra and each state has its own land laws you should speak to a lawyer from your city:

click on the link below to contact a lawyer from your city:

Offline sherlyjevan

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Yes, 100% rights are there to the person, who has got registered with their name. So his/ her commitment is more important for doing anything. There are so many well knowledgeable commercial conveyancing solicitors are available for us, so with their proper guidance we can do the best. 

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