CAN I SELL THIS?
Aditya R khandelwal
(Querist) 08 January 2010
This query is : Resolved
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT INVOLVING MY BROTHER IN IT????I STAYS IN ALWAR IN RAJASTHAN.
IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE POSSESSION IS WITH ME SINCE THE LAND IS BEING SOLD BY THE PREVIOUS OWNER.THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.
joyce
(Expert) 08 January 2010
All the concerned documents are in ur name and issued to you. you have purchased the land and paid the money to the real owner and by means of all execution of documents u became the legal owner.So now u have got every right over the property either to retain with u or to sell as per ur will n wish u can manage ur property.There is no need to involve any body in sale process as u are the rightful n legal owner.All the three documents which are registered are valid n got their own significance, counting basis is not a question.POA ceases its operation due to death of executant. sale agreement and will, will be in force.
n.k.sarin
(Expert) 08 January 2010
I fully agreed with the opinion of Mr.Joyce.
adv. rajeev ( rajoo )
(Expert) 09 January 2010
Your question it self is strange, because once you told that you have got regd., sale of agreement, regd., will and regd., power of attorney and further you have said that all the above said doucments are notarised. If you have got regd., sale agreement since 10 years now you cannot use it because it is time barred. Regd., power of attorney it is also invalid because after the death of the executant it doesnot operate and now in case of regd., will, if you have got regd., will then you can file an application toa the revenue dept., to enter your name to the property on the basis of the regd., will.
For your kind information the notarised doucments are not valid documents, but on the basis of the will you can get enter your name.
