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Raj kumar (Asst.Manager)     09 October 2011

Property not been registered

My grandpa sold few of our properties (Land,Fish pond,Fruit cultivation land etc...) but, he the person who purchased those din't registered what ever he purchased from my grandpa. It was 15 yrs back.

My query is what to be done to inherit that property?? do i have any right on that property now ??

What is the time implication on the subject matter ??



Learning

 6 Replies

Maheshwari L.T. (REAL ESTATE)     09 October 2011

If your grandpa has sold the property 15 years back and if got full consideration for the same, it becomes moral duty of the heirs to co-operate with the Purchaser to get the Confirmation Deed for all the properties sold signed by all and get the same registered as per procedure. Otherwise, Purchaser can get Deed of Declaration registered one sided and if heirs have any legally valid objections, they can challenge that one sided registration.

Otherwise, the matter may result in litigation where unregistered documents may or may not help the Purchaser.

L.T.Maheshwari

realtylegalities@gmail.com

Raj kumar (Asst.Manager)     09 October 2011

But, the purchaser have not paid all the money which was agreed upon.
One sided registration stands valid when no heirs turn up is it ??

K. GOPALAKRISHNAN (ADVOCATE)     11 October 2011

Check with Revenue Records of the properties sold by your grandpa.  If the revenue records have been mutated in the name of the purchaser and after lapse of 15 years, your claim is barred by limitation.  Even claiming, it may be concluded in favour of the purchaser.  Moreover, it is a cumbersome process.

Maheshwari L.T. (REAL ESTATE)     12 October 2011

Mr.Rajkumar has already clarified that Purchaser has not registered the documents.Now he states that also only part payment was made.Then the Agreement should have been cancelled legally for that reason only, instead of waiting for 15 years.Now withouit going into specific terms agreed to between the parties in the said agreement, further opinion is not possible. Consult good lawer.

L.T.Maheshwari

realtylegalities@gmail.com

Murty BSN (Advocate)     12 October 2011

what about possession? and revenue records


(Guest)

If he didn't register it would mean that he didn't pay revenue. If so, then get a good revenue advocate and bang the purchaser on sided sale. No application for condonation of delay is required. Just my one cent.


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