Narasimha Reddy 14 August 2018

Agreement of sale with possession

My father made an agreement of sale on 31-12-1997, for Rs.8,50,000. and the purchaser paid Rs.6,50,000 as advance and on 1-1-1998 he paid Rs.50,000 and took a letter stating possession is given to him, afterwards he never came to pay the balance money and did not get it registered the property.My father expired in the year 2003. Now can we sell the property to some one else other than the earlier agreement holder. Whether the agreement is still valid, can the agreement holder can sell the property. The agreement of sale is not registered and it is on Rs.100 stamp paper, we learn that they paid stamp duty now and got impounded the document.

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2 Replies

manoj 14 August 2018

you cannot sell the property. already your father given possession to agreement holder, you have to file suit to handover possession. Then you can sell

Kanishk Khullar 16 August 2018

The purchaser has the possession of the said property for more than 20 years now ... and assuming that you have not filed any suit against the possessor yet ... you have lost all your ownership rights over that property to the possessor... and the possessor has gained the Adverse possession of your property under Art. 65 of the Limitation Act.

So, I'm not having any intentions to discourage you but you can't sell the said property as well you will a have great difficulty in winning a possession suit against the property.