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Mahesh Kumawat (JD)     11 August 2014

Purchase of property by unregistered agreement

My father bought a plot measuring 388 sqyard in a village of Jaipur district. The purchase was made by an agreement  on a Non-Judicial Stamp paper of Rs.10 in 1988 for the purchase consideration of Rs. 1000 only and paid all the consideration in cash. There were several witnesses on the agreement. 

After that my father died in 1988 and after 1-2 years of my father's death  the seller died, yet the sale agreement/letter  could not get registered. After the death of Seller  his wife and children moved elsewhere that we do not know so far. We are unable to tress them. That time we were very young and did not understand anything in this case and ignorant about laws regarding the registration of sale of property. Now we are total 6 successor of my father (3 brothers 2 sisters and our mother). We still have the  Original Patta issued by Gram Panchayat which is in the name of  Seller and Sale Agreement done by the Seller. Now we all want to have this plot in the name of our mother. Please suggest us how can we get this plot registered in our mother's name.......?



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 2 Replies

B.T. RAVI (LEGAL MANAGER)     11 August 2014

A. You can claim the property under Adverse Possession subject to establishment of some Revenue Records.

B.  However, Your mother will not have any legal validity over the property unless executed the registered Sale Deed from the Seller in favor of your mother,

C. Better you ask Seller legal heirs to execute Sale Deed by paying some amount or try to settle the matter amicably.

D. On the basis of Sale Agreement Rs.10 stamp paper has no any legal validity.

1 Like

Mahesh Kumawat (JD)     11 August 2014

How much time period is necessary for Adverse Possession claims.


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