Legal Question in Civil Rights Law in India
dear Experts please advise me on my below doubts.
My cousin has made an unregistered AOS preapared on 20Rs Stamp Paper with an interested party 10 days ago.
in Same property, part of the land was in possession of other party (who is relative to my cousin), by a registered loan deed, he is cultivating instead of interest amount. this is valid till august 2011.
without informing him or not asking his interest my cousin made this AOS with third party.
Now realising the relation and other issues, my cousin wanted to cancel the AOS and pay back the money with interest ( only 10 days old AOS) and make AOS with the relative, but the third party not willing to cancel.
Is it possible to cancel unregistered AOS on Rs 20 Stamp Paper?
What is the procedures?
is there any court batlles involved? or only legal notices?
can relative buy the piece of land he is now cultivating and offer the remaining part to the third party?
Can my cousin base the reason as the relative keeping the land in his possesion and not willing to leave, so please either alter the AOS or please cancel it and take your money with occured interest?
1 Answer from Attorneys
1. aos can be cancelled either by court or with the consent of the party if the consent is not given than u have to file a case for cancellation taking some strong ground .
2. the best way is to ask the party if he can settle down on any damages he want
3. if u have sold the whole part than giving the part to the cultivator ,permission from the buyer have to be taken .
4.u cant take the defense that the relative is not living the property as in that case u wuld not be the party its cultivator and buyer who have to fight for the land
i hope evrey thing is answered if not than please mail your query
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