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7/12 is not on name

(Querist) 13 November 2015 This query is : Resolved 
I have purchased 3200 sq.ft land in the year 2005-April in Alibagh , and made only kharidipatr agreement with Owner,and
there is no any registered agreement made between us and 7/12 still on owner's name. As I was in the central government
service I didn't get the sufficient time to make the 7/12 on my own name. And Today owner is not ready to make 7/12 on my name. Please suggest me what to do.
M V Gupta (Expert) 13 November 2015
Mere agreement does not confer title to the property. You have to get sale deed executed in your favor on the basis of the agreement. You cannot apply for change of name in 7/12 on the basis of agreement. Only sale deed is accepted for the purpose by the Tahasildar. Hence consult local Advocate and take necessary further action.
K.S.Srinivas (Expert) 14 November 2015
Consult a lawyer dealing with property matters.
Ashish (Querist) 15 November 2015
Dear Sir,
Thanks for the immediate reply.
I concerned with one of the advocate and he told me that kharidipatr agreement is valid only for 3 years from the date of registration and 7/12 is the only document which proves that who is the actual land's owner.
Advocate also told me that the situation/case is in opposition party's favor as the 7/12 is on his name. I also tried to do some sort of deal with the owner but now he is not ready for any deal.
M V Gupta (Expert) 15 November 2015
You have not mentioned the terms of the Kharid patra. If the terms do not provide that you have to complete the sale deed within a particular time you may demand for specific performance of the contract and ask him to sign the sale deed. Issue notice through your advocate. If the vendor does not agree file a suit for specific performance in the local court. Other wise you may lose your property.
Ashish (Querist) 16 November 2015
Dear Sir,
Thanks for the reply.
Actually I confirmed with my elder brother and it is not a sale deed/ Kharid patra. It is just a agreement on the 100 Rs bond paper which we made in 2005. Is the bond paper still have that much importance?
Please suggest.
M V Gupta (Expert) 21 November 2015
No advice can be given on the basis of bare information given by you. As already suggested consult a local lawyer who is conversant in property matters for guidance. show him the agreement.


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