Non registration of property
Nilesh Shah
(Querist) 09 December 2009
This query is : Resolved
I had purchased a plot of land in Gujartat,in the year 1987 & later on a co-oprative society was to be formed amongst the plot purchasers. The sale agreement is executed & the entire purchase consideration has been paid by me. The sale agreement was not Registered.
I have now come to know that the seller of the plot has sold the plot purchased by me to someone else & has also granted possession of the same to the other purchaser.
The defence of the seller (builder) is that since the sale agreement was not registered I am not the purchaser of the plot. He is willing to return me only the purchase considertion after a period of more than 20 years.
Is the defence of the seller tenable in law ? Can I be considered as a purchaser only if the sale agreement is registered ?
I want to claim the refund of the present market value of the plot.
Please advice.
Sincerely,
Nilesh Shah
E Mail: nilesh63@vsnl.com
Adv Archana Deshmukh
(Expert) 09 December 2009
An immovable property can be purchased only by a registered sale deed.
niranjan
(Expert) 09 December 2009
Based on sale agreement you may file suit for specific performance alongwith damages and payment of money with interest,the limitation for suit is tobe claimed within three years from denial.
N.K.Assumi
(Expert) 09 December 2009
Registration act povide optional and compulsory registration, and immovable property as pointed out by the members is compulsory.
Raj Kumar Makkad
(Expert) 09 December 2009
the opinion of niranjan and assumi is correct.
adv. rajeev ( rajoo )
(Expert) 10 December 2009
File a suit for declaration and injunction against the seller and the purchaser. Time limitation to file this suit is 3 years. Before filing the suit issue notice to the seller that you are ready and willing to purchase the property by paying the balance amount. I have kept money ready like this.
Suhail suhail
(Expert) 10 December 2009
The opinions placed by the learned members is correct,it is strange to know that if an agreement to sell was made 20 years before,you slept over getting the title of property by execution of sale deed,and the agreement weather registered or not was of lesser gravity had the same been performed within its limited period of 3 years.It appears that you had not even paid the full amount of sale.You had a benefit if you had constructed any structure over the plot and possession of the same had ripened in the entitlement of ownership by way of adverse possession.Anyway i would go with the advise of Mr. Vardili for filing a suit for deceleration and injunction,instantly to get and i perhaps dis agree with option of issuing a legal notice now as that option is history in this case and it could allow the other side to prove that you failed to perform the execution of agreement within three years from the date of agreement.The agreement will now be treated as a a piece of evidence and that can be better placed by your lawyer while filing the suit.
