Validity of aggrement of sale

Whether the original Owner is alive? Or his legal heirs available? Who has been paying the taxes?

 

agreement of sale with possession is your defence. though the real owner did not register the said property, but you are in possession basing on agreement of sale with possession. If the true owner dies you can ask the legal representatives to register the plot. Before filing the suit you have to give notice which is mandatory for specific performance suit, otherwise the true owner cannot claim title since already the said property is in your possession since three decades. You just change record from goverment authorities basing on your possession. If you want I will provide citation.

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

Any agreement is valid for 12 years. In your case it is almost threetimes that period. It is not known what was written in the agreement. Whether the Sale Consideration was mentioned in the Agreement. Whether the amount was paid in full and the fact of the payment clearly mentioned? Whether the Agreement was properly Witnessed?  Was there any dispute between your Father and the Vendor then?

 

Without the above facts, it is risky to go ahead and give notice to the Vendor or his Legal Heirs. It may end up in litigation. If the sale consideration was not paid the amount in full, Vendor/Legal Heir may dispute the sale consideration and demand more amount as per present rates. I am of the view it is better to leave it as it is.

Thank you for the reply Sir.
Original owner of the property (who sold it to my father). Original owner and their family migrated to other state from our village. I am not able to find them and i think it is risky to contact them because they may ask money to register as the land prices are abnormally increased. Note: Nobody is paying taxes for that land. So what should i do? please kindly answer sir. thank you.

In normal circumstances if the lad is a registered one with the name of owner with sub-registrar, you can not claim any rights, as there is limitation period and mandatory notices required for specific performance suits.  Be loyal and consider their rights of ownership and compromise for paying a good price as the agreement to sell entered previously can not be enforced in court of law.

 

Agreement of sale with possession delivered law is changed in the year 2001 as per registration act and to act. But your agreement is before 2001. You no need to worry. You will succed if you file suit with the above agreement.

Not to act it is T.P.Act

Thank you for the reply sir. The aggrement document that i posses is done on a white paper with 15 paise revenue stamp on it. The owner of land (who sold to my father) finger printed on that stamp. So my aggrement is not done on stamp paper (ex: 100 rs, 50 rs etc.) So my question is, The aggrement is valid or not in court or as per law?

Even it is written on white paper it is valid. To admit the document court will collect stamp duty and penality . if you want I will provide judgments. V E Manoj Kumar

@Mr.Manoj,

Highly thankful if you can provide a copy of such link stating such enforceability/ legal validity  of such document executed in 1971 as sale deed now.

for getting sale deed the party can approach the court by paying stamp duty and penality, since it is not written on stamp paper, when agreement of sale with possession is executed after 2001 on white paper the said document is inadmissible in evidence for want of registration how ever he can file suit for specific performance under section 17(1A) and 49 of Registaration Act read with Section 53A of Transfer of Property Act. Now in the above case the said amendment will not attract since the said white paper agreement coupled with possession was executed before 2001, So though the agreement executed on white paper he can file suit for showing his possession as part performance as well as he can file suit for specific performance. For the sake of Scenario Even scrap of paper executed by executant it is valid in the court of law. Whether the court will believe or not it depends upon the case.  There are number of citations since there is a straight section, citation is not necessary to link in the website my opinion. If the agreeived party wants the authorities I will provide him Supreme Court Judgments. 

V E MANOJ KUMAR 

ADVOCATE

CELL NO 8686159292

I agree with GLN Prasad which is quite equitable.

 

First of all, what was written in the Agreement is very important. Whether it is written that sale consideration is paid in full? If so, whether it is clearly mentioned how the amount was paid and in the agreement the Vendor acknowledged having received the consideration?

 

Inform full details, if you expect correct advice.

 

 

Thank you for the reply sir. In the agreement, It is mentioned that the total amount of property value is paid and the seller agreed to register whenever buyer want to register. Seller gave the original link document for the property which is registered in 1968. I have the original link document now.

Now my explaintation is correct as per your full query.

 

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292