Registration of land.

Pavithran (Querist) 09 May 2020 This query is : Resolved
Dear all,
I am from Pondicherry, my dad like to bought a land form the seller in 2004 so he was paid some amount as a advance and put a agreement for register the particular land within certain period also seller agree & allow to pay the remaining amount of cash at the time of registration . unfortunately seller met with an accident before the registration date. seller have one minor son and wife. Seller have brother and sisters. while his dead that land his combined with his family members land. At that time situation is if anyone want to sell their land all the family members has to sign for registration. After his dead their family members divided their lands and register their parts individually. But our seller land is comes under his mother name. she refuse to sell that particular land to us even we put agreement. so my dad decided to file a case againsed his family. we file the case after the agreement date closed but we pay sum amount of money to the seller wife during his dead and also we mentioned that in agreement paper by manual writing and got signature from his wife in the same agreement paper. if we counting date from 2nd payment we file the case before one year. Now they ask current market rate for the land otherwise they won't do register.
From 2004 to till date we lived in that particular land because we clearly mentioned on the agreement from the date of making the agreement to registration we lived in the particular land without paying any rent.
My queastions:
1. if the agreement valid after the duration over
2. we lived their for past 15 years is any legal way to ask ownership
3. we got positive judgment from pondicherry court for ex-party. So they re appeal in chennai court now chennai court returened the file to pondicherry for judgement.
4. Any previous cases are their like our case.

Note: I am note sure if i express everything understandable. i hope i will explain our full case through phone for better understanding. please provide your number so i will explain clearly about my case.
Please help me to get positive judgment from court.
my contact number - 9894448328

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Guest (Expert) 09 May 2020
Sorry to say -- any un registered agreement or the document will not be legally valid. Ofcourse your Legal ground of possession would add some merits in your case.. .Seek an amicable settlement in this issue or else let the Court to decide.

Raj Kumar Makkad (Expert) 09 May 2020
1. No.

2. Mere long possession do not provide ownership especially on the basis of agreement to sale.

3. Now the case shall be taken up from the stage it was proceeded as ex-parte.

4. You should now confine to your case.

It is additionally to advise you to prepare your case vigorously and effectively with the help of your lawyer and pursue to them as the judgment is to be passed by local court now.

P. Venu (Expert) 10 May 2020
If the property had been joint family property, how is it that the (late) seller had entered into the agreement to sell the particular property and had put the prospective buyer into possession? Do the recitals in the said agreement throw light on this aspect?

Rajendra K Goyal (Expert) 10 May 2020
You said:
1. if the agreement valid after the duration over
Reply:
Agreement is not valid after the duration over.

You said:
2. we lived their for past 15 years is any legal way to ask ownership
Reply:
Legally you have no title on the property.

Rajendra K Goyal (Expert) 10 May 2020

You said:
3. we got positive judgment from pondicherry court for ex-party. So they re appeal in chennai court now chennai court returened the file to pondicherry for judgement.
Reply:
Discuss with your lawyer and proceed with the case for decision on merits.

You said:
4. Any previous cases are their like our case
Reply:
Your lawyer would search according to need.

T. Kalaiselvan, Advocate (Expert) 14 May 2020
Even though you say that the agreement was barred by limitation, the court has taken the case on its file hence it may not be barred by limitation.
Since high court has remanded the case to the trial court, you may have to fight the case on merits in your side.
The intention to sell the property has been established by proving your possession hence you may proceed on the basis of the documentary evidences and merits in your side.
Without explaining the circumstances you are seeking citation reference, first you concentrate in your case with the help of your advocate and then revert if at all any citation is necessary and for what circumstance.