Transfer property
Alamuru Veera Raju
(Querist) 03 July 2012
This query is : Resolved
A entered into a sale agreement with B on Rs.10 stamp value for consideration of Rs.20000/ in 1988. The recitals specify that A received full consideration and also possession is given to B . In 1990 the difference in the required stamp value was paid with penal interest and validation was done at SRO. Subsequently 1992 B sold to C and C in turn sold to D in 1995. I purchased the same in 2002. I am in peaceful possession since then. What is my legal status. What is the legal remedy since A, B and C are not available.
ajay sethi
(Expert) 03 July 2012
you are the owner of the property . were the sale agreements registered?
Alamuru Veera Raju
(Querist) 08 July 2012
Dear Ajay Sethi
Thanks for your responce.
This is with reference to your second sentence. The sale agreements are not registred.They were written on stampaper of Rs50/- Then only validated with payment of requsite stamp duty with penality at SRO. Please clarify my legal position.
With Regards
Alamuru veera Raju.
ajay sethi
(Expert) 08 July 2012
document which is not registered is inadmissible in evidence .if agreeemnts between B to c and c to D are not regd it would be inadmissible in evidence .
why dont you consult a local lawyer before purchasing property?
Alamuru Veera Raju
(Querist) 08 July 2012
Dear Sir,
Thank you very much for quick rwsponce.
I(D in this case) consulted a lawyer at the time of purchase from C but he overlooked the aspect of the sale agreement of A not registering in favour of B. Subsequent transactions between B and C & C and D are through registered sake deeds only.
Now the bankers are objectiong to the flow of tittle.
I( D) have 4 pieces of lands in similar position.
In two case A executed Sale agreement to B in 1988(24 years back)
In one case A executed Sale agreement to B in 1995(17 years back).
In the last case A executed Sale agreement to B in 2002(10 years back)
I have to pledge the lands but Bank is not accepting the tittle.
Have I got any remidy in view if the long time lapsed since I am in peaceful pocession?
This will help me to pledge the lands to bank for my loan.
We tried to get Ratification Deed from A but he- legal heirs- is not available.
Please advise me in this typical case.
On this technical ground the matter is held up.
I regret to have taken your valuable time but your clarification will help me a lot
ajay sethi
(Expert) 08 July 2012
registartion has to be done within period of 4 months . if unable to do so withoin 4 months with penalty it can be done withing further period of 8 months .
in your case document has not been regsitered for over 20 years in such a case DEEd of Confirmation would be advisable .
if however A is not avilable nor his legal heris are avilable then defect in title cannot be cured at this stage .
