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Rani (SP)     12 June 2014

Please help

Hi there,
My father agreed to sell agricultural land to his cousin sister 5.5 acres of land located in bidar karnataka, my father signed 100 rs stamp paper in 2008 but they have never paid full amount
and they never aproached to get land registered on their name, we still have original documents of the land. its been six years now they are still not asking us about getting land registered, mean time we got another buyer who is willing to buy land as per today's rate, when we asked them to hand over the stamp paper and take money back, they are asking us to pay todays land rate. is it fair??
are they still considered to be owners of the land just with stamp paper???



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     12 June 2014

was the land any time trasnfered to them.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 June 2014

Send a legal notice to them for recovery of money as per the stamp paper agreement. or else it gets cancellation of bond paper.

Biswanath Roy (Advocate)     12 June 2014

In absence of registration of a sale deed your relative cannot be said as owner of the property that can legally entitle her to claim and/or demand the present value of the land.

T. Kalaiselvan, Advocate (Advocate)     14 June 2014

Since your father's cousin sister is not interested in purchasing the land and getting it registered on their name despite having made a sale agreement it clearly indicates that they are no more interested in the same.  Moreover since the sale agreement was made in a stamp paper and not registered also since it is barred by limitation now, you may ignore the sale agreement and proceed with the sale of the property to the prospective buyer, in case the cousin sister is demanding the money, return the amount they have given by way of DD or bank transfer or MO.  They cannot object to your sale of the land now.

K.K.Ganguly (Advocate)     15 June 2014

1. Has any agreement of sale been made by your father?

 

2. Has he signed a blank Rs.100/- stamp paper?

 

3. Since there has been no sale deed registered in the name of your Uncle,there is no sale in he eyes of law,

 

4. Your father  can send him a legal notice to his effect asking for his Bank account details for remitting the advance back,

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5. He can enter in to a fresh agreement with a new buyer and return the advance to your Uncle.


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