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NAZAR (accounts )     28 May 2011

Assistance Needed : Property related query

Property background - government housing board home and there was case filed by the landowner, who sold the land to govt requesting additional money.
Previous Owner background - previous owner is a women (her husband dead) and no children.
 

  • My father got a home from previous owner who got allotted a house in housing board in year 1989. Since there was case going on between govt and land owner, govt didn't released the land documents. So, we just had a sale agreement with the previous owner in year 1989. In year 2008, we settled all of the amount and made a registered sale agreement again, making clear statement that the property is sold to us and no one else can claim, if she is dead. Also, its stated, that she couldn't execute the sale deed at that time, as the goverment is not releasing the property documents.
  • In late 2010, the dispute between the govt and landowner is resolved and the govt asked the home owners to pay extra money. Since, we are residing in the home and as per the 2008 sale agreement (any amount thereof should be settled by us), we paid the extra money requested (but the receipt was issued in previous owner's name - we have the receipt however).
  • When we went to previous owner's home, to get her and register it in our name, we are shocking to hear that she expired in 2009. Since, she don't have immediate kids, her other relatives filed a case in court for succession.


Given the scenario above, is there risk for us to get the property registered in our name. We have the registered sale agreement and we have all the original receipts (like house tax, electricity bill, etc - but it has previous owners name - original receipts with us, as we paid those) and we are staying in the property for more than 22 years. We are also thinking of filing special performance suite. Is it the right thing to do?

Even though it may take years on this, but what's the probability of favorable decision for us in court. Kindly advice.



Learning

 1 Replies

NAZAR (accounts )     09 June 2011

Can anyone kindly assist me on the above query, please.


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