can a sale agreement made property be registered after 16 years
PRAKASH P
(Querist) 13 April 2011
This query is : Resolved
MY BROTHER AGED GOT A SITE ALLOTTED BY A CO-OPERATIVE SOCIETY IN BANGALORE IN 1993. SALE DEED CARRIED 10 YEARS LEASE PERIOD. BROTHER WAS BANKRUPT BECAUSE OF BUSINESS LOSS. HE SOLD SITE TO ME IN 1995 FOR A CONSIDERATION. BECAUSE OF LEASE PERIOD SALE DEED COULD NOT BE MADE. INSTEAD SALE AGREEMNET, GPA ND AFFIDAVIT GIVING FULL AUTHORITY OF THE SITE WAS SIGNED ON RS. 100/- STAMP PAPER. BROTHER WAS DIABETIC AND WAS SICK FOR SAOME TIME. SALE AGREEMENT WAS NOT REGISTERED EAVEN AFTER 6 MONTHS COMPLETION OF LEASE PERIOD. MAINLY BECAUSE BROTHER WAS SICK AND HE WAS HONEST PERSON. SUDDENLY HE EXPIRED IN 1994 BY HEART ATTACK. HE HAS WIFE AND TWO MALE CHILDREN STUDYING. I WAITED FOR THE CHILDREN TO GROW UP AND TAKE UP JOBS AS MY SISTER IN LAW CHARACTER WAS NOT GOOD. ALL ALONG MY SISTER IN LAW WAS THINKING THAT THE PROPERTY HAS BEEN SOLD AND REGISTERED. WHEN I DISCLOSED IN 2008 THAT IT IS NOT REGISTERED AND I MAY NEED HER HELP FOR REGISTRATION. SHE BECAME ALERT AND MANGED TO GET THE KHATHA RECORDS CHANGED TO HER NAME IN THE MUNICIPALTY RECORDS. INFACT SHE AND HER TWO CHIULDREN HAVE SIGNED AS CONSENTING WITNESS IN THE SALE AGREEMENT SIGNED IN 1995.
NOW I CAME TO KNOW THAT SHE HAS MARRIED ANOTHER PERSON IN 1995 AND GOT MARRIGE REGISTERED IN 1998. I HAVE GOT MARRIAGE CERTIFICATE COPY CONFIRMING MARRIGE IN 1995.
NOW MY QUESTION IS : IS SHE ELIGIBLE FOR THE HUSBAND PROPERTY IN 1998 AFTER HER MARRIAGE TO SECOND PERSON IN 1995 ?
HOW I CAN GET THE PROPERTY REGISTERED IN MY NAME.
REQUEST EXPEERTS ADVISE ON THE ABOVE
PRAKASH
BANGALORE
R.Ramachandran
(Expert) 13 April 2011
On the date of death of your brother in 1994, she was Class-I of the deceased and as such she and her children are entitled to inherit the property left behind by your brother, since the property was in your brother's name.
Her subsequent re-marriage will not alter this position.
PRAKASH P
(Querist) 15 April 2011
DEAR SIR,
TRUTH IS THAT BROTHER SOLD PROPERTY TO ME AND SIGNED SALE AGRREMNET. ALSO AS SAFETY HE HAS GIVEN POWER OF ATTORNEY TO ME AND A AFFIDAVIT STATING THAT PROPERTY WAS SOLD TO ME. PROPERTY WAS BOUGHT BY BROTHER AND NOT INHERITED. ALL ORIGINAL SALE DEED, POSSESSION CERTIFICATE GIVEN BY THE BHEL CO-OPERATIVE SOCITY ARE WITH ME. I HAVE MUNICIPALITY TAX FROM 1994 TO TILL DATE AND TAX RECEIPTS ARE WITH ME. ORIGINAL KHATHA CERTIFICATE ISSUED BY MUNICIPALIRT IS WITH ME. RECORDS IN SUB REGISTRAR OFFICE ARE STILL IN BROTHER'S NAME.
NOW HOW DO I GET THGE PROPERRTY REGISTERED IN MY NAME.
AFTER MARRIAGE BROTHR'S WIFE HAS ONLY MANAGED TO CHANGE THE MUNICIPALITY RECORDS TO HER NAME BY GIVNG HUSBAND'S DEATH CERIFICATE.
CAN COURT GIVE JUSTICE WITH THE AVAILABLE DOCUMENTS ?
REQUEST YOUR ADVISE TO PROCEED IN THE MATTER
WITH REGARDS PRAKASH
PRAKASH P
(Querist) 15 April 2011
DEAR SIR
ALSO I READ EXPERT'S VIEW ON THE STATUS OF WOMAN AFTER REMARRIAGE UNDER A QUERY IN THIS WEBSITE. EXPERT WRITES THAT A WIDOW AFTER REMARRIAGE TO 2ND MAN LOSES STATUS OF WIDOW AND ALSO CLAIMS ON THE FIRST HUSBAND'S PROPERTY. YOU MAY PLEASE CLARIFY THIS ALSO
R.Ramachandran
(Expert) 15 April 2011
For registration of the Sale Deed, the vendor has to visit the Registrar's office and sign. Alternatively, the vendor can appoint a Power of Attorney to do the same on his behalf. In your case, though such a POA was given in your favour, the same has lost its validity immediately on the death of your brother. Thus, you will not be able to register the sale deed now.
Since all the original documents are in your possession and since you are also in possession of the property in question now for more than 16 years, your brother's wife will not be able to sell the property to anyone. Even if she tries to sell, you will immediately come to know about it since the prospective buyer would like to see the premises and at that time you can definitely object and alert the prospective buyer.
If she filed a case against you, then you can defend the case by claiming adverse possession and at that time you will be in a position to make use of the unregistered Sale Deed given by your brother in your favour as an evidence, which is admissible. In other words, you can react when situation arises.
Based on the unregistered Sale Deed, you will not be able to take any proactive steps like approaching court to protect your possession.
R.Ramachandran
(Expert) 15 April 2011
I have already given by answer on 13.4.2011 and I stand by it.
PRAKASH P
(Querist) 15 April 2011
thank you sir for your immediate response.
Property is a vacant site. Brother's wife has applied for laon for construction. I have asked bank to provide me documents submitted for loan under RIT.
i think it will take quite long time for situation to arrise and then react.
I am thinking of going to court withh all original papers and justification for not registering the p[roperty whn brother was alive. And also inform the courst that brother's wife not co-operating for registration of property in my name and plead court to direct sub-registrar to register the property in my name under the circumstances.
I belive truth always win and court will do justice.
please advise
prakash
R.Ramachandran
(Expert) 15 April 2011
Dear Mr. Prakash,
I have only told you the legal position with reference to the facts made available by you.
You are the master and you can decide things for yourselves.
