• Land purchased but no name on it since 1972

Sir
My father purchased a 4560 sqft n.a. plot in 1972 near Pune from Mr Pawar. This sale deed is registered. The layout was sanctioned from deputy director Town planning, Pune, in 1970.
My father did not gave application to put his name on 7/12 extract. So it was lying in the name of the Pawar.

In 1978 Mr Pawar died and his legal heirs put their name on this plot. Legal heirs knew that this plot is sold earlier.

In 1982 jameen ekatrikaran yojana(marathi) these plot numbers were given new gat numbers.
This our plot was given gat number as 475.

Later in 2001 the legal heirs of Mr Pawar sold this gat no 475 to Mr solanki, as it was in the name of Pawar family. Solanki have their name on 7/12 of gat no 475 as on today but solanki has no possession of the plot.

We never went on the plot since purchased till 2010. It's not in possession of Pawar nor us nor solanki. Currently there is illegal encroachment by some local people. 

I have original copy of sale deed and sanctioned layout copy & scheme utara showing old plot no 14 has new gat number as 475.

My queries
1) How can I proceed to put my father's name on 7/12 extract after a such long time.
2) Is solanki saledeed made in 2001, of the same plot considered valid or it can be cancelled, he too does not have possession on the plot.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) your father is absolute owner of the plot of land as he purchased it by registered sale deed . 

2) your father  will have to move court to set aside sale deed made by pawar legal heirs in favour of solanki and also to set aside mutation done in favour of mr solanki 

3) also file suit to evict trespassers on your land 

4) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
Hi, you have to file a suit for deceleration and possession of the property.

2, You have to pray before the court that declare you are the absolute owner of the property and also for possession of the property from illegal encroachers as they have no right title or interest over the property.  
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your father has already expired,

2. Put an application to mutate your name after recording your father's name in the 7/12 extract duly attaching the copy of the the registered sale deed, your father's death certificate and the legal heir certificate,

3. There is no law stating that if you delay in submitting application to mutate your name in the 7/12 extract, you will loose  your ownership of the land,

4. Since your father has purchased the property through a registered sale deed from the owner of the land, it can not be sold by others and the subsequent sale deed is void at law,

5. File a declaratory suit praying for declaration that the property is inherited by you from your father who was it's absolute owner and also for a direction upon the Registrar to cancel the registration of the sale deed in favour of Solanki.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1) How can I proceed to put my father's name on 7/12 extract after a such long time.
Firstly based on the registered sale deed in your father's name, he should apply for transfer of revenue records (7/12) on his name, if the authorities deny or reject his application, get it in writing and file a suit for declaring the erroneous entries in the revenue department as null and void  and also seek a direction to the concerned department to transfer the records in your father's name based on the registered sale deed document standing in his favor. 


2) Is solanki saledeed made in 2001, of the same plot considered valid or it can be cancelled, he too does not have possession on the plot.
You should not be worried about Solanki's sale deed etc.   If at all he has any claim in that regard let him file a suit to declare his title, you can defend yourself accordingly when you are impleaded as defendant. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. Incorporating your father's name in 7/12 extract will be futile now considering that the plot has been sold further. No rights can be claimed by your father's heirs by having his name incorporated in the extract in view of the fact that he is not the owner anymore.

2. You should challenge the sale by Pawar's heirs to Solanki on the ground that the sale is illegal as Pawar ceased to be the owner after he sold the property to your father. After the court declares the sale as illegal you can take the possession of the land and also mutate your father's name in the records.

3. Solanki alone has the right to take the possession of the land and retain it until such time that the court declares the sale in his favour as illegal.
Ashish Davessar
Advocate, Jaipur
18265 Answers
450 Consultations
5.0 on 5.0

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