hi , This refers to a piece of agricultural land in Bellary Dist of Karnataka.
1. My grand monther owned the land and enjoyed it it from 1970's
2. In 2001/02 she got into a sale agreement in which she had obliged to transfer the property ' to whomso ever and whenever' with Mr X . ( no time limit specified)
3. She has confirmed that she has received the full amount in sale agreement.
4. As old age was catching up on her 80+ she did not actively look into the matters of the land or sow the paddy etc.
5. She passed away in 2007 . There has been no notice from Mr X asking for registeration!
6. In 2006, she had written a will ( un registered) making me the sole heir for the said property ( there is NO misunderstanding with the rest of the family on this )
7. in 2009, I visited the land for the first time ( been overseas working) and found out that Mr X has been enjoying the land since 2002 , although its still in my grand mothers name.
8. I talked to some friends, and all of them agreed that the sale agreement is void as the purchaser did not get it registered from my grand mother in 3 years of time.
9. Before taking it up with Mr X, I went to the Taluk office, to get the land in my name. I took with me the will, oiginal documents , RTC/PHANI latest , family tree etc.
10. I was told at the Taluk office that there is an issue with the entire survey number and all transactions on the survey no. have been paused until resolved. So, Mutation in my name is not possible until it is resolved.
Now my Query is as follows:
Do I stand a good chance to retain the land as 3 years passed since agreement and my grandma is no more . She has executed a will in my favour. I understand, she enjoyed the money. But Mr X has been enjoying the land unauthorisedly for all these years! The Taluk office , is sure to get it to my name, once the issues there are resolved. Mr X being a local man, it is not upto me to go and confront him 1 on 1.
Please advise. Thank you