Sale agreement registration

Querist : Anonymous (Querist) 30 January 2011 This query is : Resolved
Dear Sir,
My father bought a plot through sale agreement registration so that he can pay less stamp duty when compared to sale deed registration in the year 1987. On the sale agreement it was written that out of the total payable amount of 10000/-, 9000/- received by seller from buyer(father), due amount of 1000/- to be paid in one month and seller to execute a registered sale deed in my father's or whoever's favour my father requests after receiving that 1000/- due amount. After one month in the same registered sale agreement paper seller has given receipt of that due amount of 1000/- and wrote he has given full rights to my father and that he will execute sale register deed at any time in future to whooever the buyer(father) requests.
Now my father willed away that plot to me and he died long back. Now can I directly execute a sale deed while selling that plot. The plot is totally free from any problems or litigations.

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Advocate. Arunagiri (Expert) 30 January 2011
It seems that your had not registered the sale deed. Then how can you sell the property. You can request the seller to register the property in your name. Then only you have the right over the property.

s.subramanian (Expert) 31 January 2011
Unless a sale deed is taken you cannot become the lawful owner of the property. Mere sale agreement is incapable of creating any right over the property. Your father's will can entitle you to demand the seller to execute the sale deed in your name. Such a will cannot make you the owner by any stretch of imagination. Get the sale deed registered from the vendor in your name.

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