Regarding guidence.
Rajpal Singh
(Querist) 12 June 2014
This query is : Resolved
Sir/madam,
My father bought a plot 100 squire feet (Gaj)in a village 1992 and land was agriculture land. Plot was not registered at tehsildar office. Only seller write a "full payment agreement" at Rs. 5 stamp paper with two witness. After that my father constructed three rooms in that plat. all my family lived in this plot now a days. Now we have some doubt of owner's son that they play a any "Chall" against my families. there are more then 20 families like us which have not registered plot. Recently Gram panchyat also built a new street in that area and allocted a two new mini sumercible tubell in the street.
what should we do in any crises please tell me.
ROHIT SHARMA
(Expert) 12 June 2014
Dear Mr. Rajpal Singh,
1. The sale deed though made was not registered and neither the name of your father was mutated in the record of rights of such land with the tehshildar's office, yet the document on a Rs 5 stamp paper singed by two witnesses does devolve a right to possession which has had been duly transferred to your father by the seller.
2. The son of the seller may be finding that there has been no mutation made in the record of rights of such land and his father's name still appears in such record, then he may plan to have you all evicted from such land. But when you get such feelings that he will do something then you can file a civil suit u/s 34 r/w s. 38 of the Specific Relief Act, 1963 and seek a declaratory decree of your legal rights as being the purchaser of such land and also seek a perpetual injunction against such son restraining him to take possession or either dispose such property. After you get the decree then you can have it executed on the village tehsildar to have your name mutated in the record of rights.
2. If need be contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-Mail : lawgate1349@gmail.com
Rajendra K Goyal
(Expert) 12 June 2014
File suit under specific relief act and try to get a declaratory decree.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
Well advised by expert Mr. Rohit Kumar on the subject. Since the sale deed is an unregistered one, it loses its legal validity in case the vendor's son files an eviction suit, before that you may initiate legal proceedings as suggested above to secure your property.
