Validity of a registered agrement to sale
SANTOSH
(Querist) 14 February 2013
This query is : Resolved
My father is having an ancient property (land) in pune dist. After the death of my grand father in 1980 the name of my father and his siblings was mentioned on 7/12 abstract. My two uncles already. Sold their share from this property in 1991 and 1996 to a party without any information to my father. Now this party shows us a registered sathe khat (agreement to sell) executed in 1980 between my grand father and the party mentioning that we have to sell my property to this party only. But since 1980 we have not received any legal notice or any follow up to make any kind of sell agreement fo this prop. From the above said party. Now as a main owner my fathers name is reflecting on 7/12 abstract with his share. My father is saying that he or his father was not made any sathe khat for above mentioned deal. Please let me know how i will check the truthiness of above said registeregd.Sathe khat (agreement to sell)....? …..And if it is true ...will it valid after almost more than 30 years of execution.....as no any follow up is taken by the said party.....?.
PLEASE GUIDE ......!
adv. rajeev ( rajoo )
(Expert) 14 February 2013
Without going thru., the documents it cannot be advised you properly.
Rajeev Kumar
(Expert) 14 February 2013
Without the examination of document and we are unable to advise you properly.
Raj Kumar Makkad
(Expert) 14 February 2013
Though such old agreement loses its significance after such long time but even then it shall be better to get that sathe khat read from a legal expert of your area.
ajay sethi
(Expert) 14 February 2013
what was the party doing for 32years? when your uncles sold theri share why did he not rake up the issue ? has he taken any proceedings to challenge sale made by your uncles?
SANTOSH
(Querist) 15 February 2013
Thanks to all for response,
Now party showing a registered agreement to sale executed in 1980.....between my grand father and the said party without any time period....please confirm me weather this document is valid in court today...what is the validity period for such documents....?
Also this agrement to sell is hand written and executed in october 1980.....my two uncles signed this document as witness...but my father is not aware of this and all this happned without providing any information to my father...since 1981 (after the death of grand father)...my fathers name is reflecting on 7/12 abtract....please guide.
SANTOSH
(Querist) 15 February 2013
Also this agrement to sell is hand written and executed in october 1980.....my two uncles signed this document as witness...but my father is not aware of this and all this happned without providing any information to my father...since 1981 (after the death of grand father)...my fathers name is reflecting on 7/12 abtract....please guide.
Anirudh
(Expert) 15 February 2013
On the basis of the Registered Agreement to Sell of the year 1980, the party cannot do anything now.
The time to enforce specific performance of the Agreement to Sell has long expired.
If you are in possession of the land, then nothing to worry. But if the possession of the land is not with you then you have everything to worry.
prabhakar singh
(Expert) 15 February 2013
"without any time period...." LEGALLY MEANS 3 YEARS FROM THE DATE OF EXECUTION OF THE AGREEMENT.
THE AGREEMENT IS NOT ENFORCEABLE AT LAW AS IT HAS BECOME TIME BARRED ON FACTS DISCLOSED BY YOU.
SANTOSH
(Querist) 16 February 2013
Thank you very much to all of you for your valuable guidance.
Raj Kumar Makkad
(Expert) 17 February 2013
Your father is legally owner to that property and the present litigation has no significance in the eyes of law.
