Legality of sale agreement
Niraj Shah
(Querist) 25 July 2014
This query is : Resolved
We had made a sale agreement in 1987 for a small plot of land from it owners on Rs.10 stamp paper and complete consideration has been paid at that time. Now in 2014 can we register the plot? As none of the original owner of that agreement is living now. If yes and by what procedure we can transfer it from original owner?
Atlas Eva
(Expert) 25 July 2014
All that depends on what was the assessable value of the land at the time of execution of agreement in 1987. and has proper stamp duty being paid on it. You need to get the same assessed and check about stamp duty issue on it.
also after a period of time u dont need original owner to be present for registration.
Contact a lawyer who practices stamp duty work
Devajyoti Barman
(Expert) 25 July 2014
Do not waste time anymore. get the legal heirs of the original sellers to execute and register a deed of conveyance.
If they refuse you have no options as suit for specific performance of contract is now time barred.
malipeddi jaggarao
(Expert) 25 July 2014
The surviving legal heirs can execute sale deed now mentioning that they have received the consideration fully as per the sale agreement.
The stamp duty for registering such sale deed is based on the present Government value of the land. It does not have any relation to the date of agreement.
P. Venu
(Expert) 25 July 2014
Have you been put in possession?
ajay sethi
(Expert) 25 July 2014
agree with Mr barman
Niraj Shah
(Querist) 25 July 2014
@ P. Venu : yes we are in possession of it and pay municipal tax regularly since 1987
Rajendra K Goyal
(Expert) 25 July 2014
You can get the sale deed executed from all the legal heirs of the seller. Agree with the expert Devajyoti Barman ji.
Niraj Shah
(Querist) 25 July 2014
@Rajendra Goyal : If any of them deny than what are the other ways? can we proceed in court based on possession of property from 27 years?
Dr J C Vashista
(Expert) 27 July 2014
I agree with experts, get the property from LRs of vendor registered as early as possible.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
If the LRs do not cooperate and decline to execute the registration of sale deed, you may file a suit for declaration of title based on the old sale agreement and adverse possession, consult a local lawyer and proceed.
malipeddi jaggarao
(Expert) 27 July 2014
Pefect advice by expert Shri Kalaiselvan ji. No more to add.
Niraj Shah
(Querist) 28 July 2014
Thanks to all experts for giving their precious time for my query and helped me in best possible way..
Niraj Shah
(Querist) 28 July 2014
Wishing for the same help and support for the future any query from u expert guys.
malipeddi jaggarao
(Expert) 28 July 2014
You are welcome.
But in future please do not address the experts as "guys".
Niraj Shah
(Querist) 28 July 2014
@ rao sir: i am heartily sorry for that sir.
