Validity of unrigisterd document
ramireddy
(Querist) 20 August 2015
This query is : Resolved
The owner sell land with un registered 100rs stamp paper agreement in 2010 after that he wrote will same land to daughter with registration in 2014 now he is dead. Which is valid?
1. Note: in un registered document not mentioned any time bound, they mentioned in when we have money we will pay that time and we will registered the document.
2. un Till death land in owner’s occupancy only
3. daughter got pattadar passbook and also she have adangal and b1
dev kapoor
(Expert) 20 August 2015
Mr.Reddy,
In this case "sale" is not complete.Deed of sale is a compulsorily registered document,which has not been done in this case,therefore this deed confers no right on the vendee. Otherwise,a will deed,even if not registered takes effect from the date of death of testator i.e. owner of the land.In this case Will has been duly registered that gives further support to the fact that presumably this bequest is not a forged document.
dev kapoor
(Expert) 20 August 2015
Mr.Reddy,
In this case "sale" is not complete.Deed of sale is a compulsorily registered document,which has not been done in this case,therefore this deed confers no right on the vendee. Otherwise,a will deed,even if not registered takes effect from the date of death of testator i.e. owner of the land.In this case Will has been duly registered that gives further support to the fact that presumably this bequest is not a forged document.
P. Venu
(Expert) 21 August 2015
With the death of the testator, the Will takes effect and the property is vested with the daughter.
The deed, being unregistered, has no existence in Law.
Rajendra K Goyal
(Expert) 21 August 2015
Registered deed favoring daughter is valid document.
ramireddy
(Querist) 21 August 2015
First I Thanks to all of you for prompt response to above matter,
In above view one more clarification, In sale agreement (un registered 100rs thumb impression stamp paper with support of two white papers also have thumb impression) they mentioned as they paid 7 lacks amount remaining 2 lacks they will be pay when they have money (not mentioned any time bound). After that they showing a white paper support agreement, in that owner give power to take land into their custody. But until his death, land is under owner occupancy in revenue records not mentioned others names in anywhere (i.e.: Land Tax, crop record etc…) after his death according to will (registered) the land converted to daughters name in same way records also changed in daughters name. Now purchaser given notices to daughter come and register his land. Which document has proper rights on land?
Note: 2010 January they have sale agreement.
2011 May white paper agreement
2014 august Owner wrote will to daughter
2014 December Owner died.
