Advance paid in sale 15 yrs ago, possession delivered, remedy to buyer/seller ?
S.K.SARRAF (ADVOCATE)
(Querist) 24 April 2013
This query is : Resolved
I had bought a land 15 yrs ago, paying an advance of 5,000/- remaining balance was to be paid later on when possible, as agreed orally. Possession of the land handed over to me that time. Its a small pc of land, 12 x 15 only. In course of time, I totally forgot the deal.
Now, the seller wants to go back his words. I am in possession. What are the remedies and difficulties if i prefer a title suit ?
prabhakar singh
(Expert) 24 April 2013
You can invoke 53a of TPA for your protection if you can prove possession was passed on to you and you really possess it by some activity of possession such as raising boundary wall or something else of the kind to prove your possession or a speaking deed clearly speaking transfer of possession at the time of paying earnest.
Otherwise i am not convinced you forgot the deal.?
Do not be angry?then?
Raj Kumar Makkad
(Expert) 24 April 2013
You have not mentioned whether an agreement to sale was executed or not and what were its terms and conditions.
I think, it was just an oral deal according to which you took over the possession but no title deed has been executed in your favour. If so, it is difficult to retain your possession in the name of adverse possession because the possession is the result of an oral agreement, the terms of which were violated by you. Try to settle the matter and get the registered sale-deed in your favour by paying the seller some additional amount.
R.K Nanda
(Expert) 24 April 2013
no more to add.
prabhakar singh
(Expert) 28 April 2013
In states where agreement to sale of land was not required to be registered ,the agreement, oral or in writing ,both would be equally valid and possession with prospective buyer of the property is a greater circumstance of existence of agreement when owner has not taken any steps to evict the prospective buyer.
The possession I discussed was not about any adverse possession.
It is a possession delivered by owner to his prospective buyer as part performance of the contract in lieu of part consideration owner received,then remaining
obligation on him would be execute registered sale deed and prospective buyer
has obligation to pay balance consideration.The possession of the prospective buyer is protected by doctrine of 'part performance' incorporated in s.53A
of T.P.A.
