unregistered sale deed
Rituraj kalita
(Querist) 19 July 2010
This query is : Resolved
i have a unregistered sale deed of immovable property(on 10 rupee stamp paper) self hand writen and signed by the seller himself on 2/7/2003 ,which states that the seller received the entire amount(amount was not mentioned specificaly) from the purchaser and conveys the owner ship to the purchaser,but in the said deed there were no singature of any witnesses, the purchaser had been trying his best to get it registered in his name ever since but the still now the seller is showing relactunance, now (in the year 2010)i t seems that the seller is not interested, please tell me how the can the purchaser get respite legaly?
s.subramanian
(Expert) 19 July 2010
the unregistered document can be projected as an agreement of sale and you can file a suit for specific performance in civil court of competent jurisdiction . in so far as this document is concerned the attestation by witnesses is not mandatory. Better file the suit immediately without further loss of time. Please remember to take the legal plea that time is not the essence of this agreement of sale.
niranjan
(Expert) 19 July 2010
The unregd.sale deed is of 2003.So get his denial by giving him notice to execute regd.sale deed to bring the matter in limitation as limitation will be for three years from denial.And if the possession is with you,take plea of part performance.
adv. rajeev ( rajoo )
(Expert) 20 July 2010
unregd., sale deed is of 2003 so it is time barred. By convincing the seller get the regd., sale deed of the property, otherwise you will loose the property moreover you have already paid the entire amount to him.
