Imp. Of consideration
Querist :
Anonymous
(Querist) 23 June 2010
This query is : Resolved
Sir,
A person 'X'in his late 80s executed a sale deed to 'Y' which got registered. but the price was not paid, which got mentioned in the sale deed. Also possession not delivered. Original sale deed was with seller. Seller waited for some years for consideration to be paid. After 6yrs. seller 'X'died. The legal heirs too waited for some years for consideration. But the buyer 'Y' does not had the good financial condn, so he failed to pay. After 9 years from the death of seller 'X'i.e. 15 yrs after the first sale deed, the legal heirs of the seller 'X' sold that property along with some other property to third party "z" and delivered the possession to him. “Z” was not having any knowledge of previous sale deed. The first buyer 'Y' too died. Then the legal heirs of the first buyer 'Y' too fooled a person and sold the property to “M” after 5 years from the date of purchase of “Z”. Now “Z” and “M” are at conflict. “Z” has filed the title suit. “M” has submitted certified copy of first sale deed in which it is clearly mentioned that consideration has not been paid and unless it is paid original sale deed will not be delivered. No one is having the original copy of first sale deed executed by “X”. “Z” is having all the original documents related with that property some of them are of 1920 , 1921, 1927 etc. In this condition what “Z” should take the plea. Plz. Suggest and guide.
Thanking all of U.
barun deka
(Expert) 23 June 2010
first of all i have a little doubt regarding the price. to constitute a valid sale deed it shall quote a specific consideration which is paid to the vendor. otherwise it shall only be agreement for sale. if so it is well settled that an agreement for sale cannot confer title on 'y' and he can at the most only take shelter of S.53 A of the T.P. Act which is part-performance of contract. but even to avail the remedies of 53 A he has to be in possession of the property.
furthermore delivery of possession is another requisite for a valid sale which according to you is lacking.
the record of rights with the revenue authorities will further prove the question of possession along with land revenue paying receipts.
testimony of neighbours is also vital to contradict any possession of y or his heirs.
you should be made a party to the suit atleast a pro-forma defendant. you can enter appearance and file W.S.
Z along with you can press for a counter-claim for the court to issue a precept to the sub-registrar for cancellation of the sale deed in favour of Y.
however a higher burden lies on M being the plaintiff to prove the due execution of the sale by establishing his possession over the suit property.
Querist :
Anonymous
(Querist) 24 June 2010
Sir,
Legal suit is going betwn "Z" and "M", where "Z" is plaintiff. "Z" has purchased from heirs of "X". The only mistake heirs of "X" have done that firstly they should have get that sale deed cancelled, then they should have sold it to "Z".
"M" has purchased from the heirs of "Y" who failed to pay the consideration and also did not get the original sale deed, But a copy of that remained with registrar and on that basis they sold it to "M"
