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Yogesh (Asst. Manager- Taxation)     13 December 2013

Unregister property

Dear Expert,

Seeking your valuable opinion in the following case: 

We have purchased a property in 2007 thru Sale agreement  and the land registry was not done since the same was banned at that time.

In 2010 the seller of the property died and we don't have the POA or any the documents except Sale Agreement but we are staying there from last 6 years and the electricity and water bills are in our name

Please clarify:

- Can legal heir claim the property  ?

- How we can proceeds for registry  ?

 

Thanks in advance

Regards



 4 Replies

sridhar pasumarthy (ADVOCATE)     13 December 2013

1. No

2. You can file a suit against the heirs seeking to register the sale deed.

Above answers are subject to terms of the agreement.

BAALASUBRAMANNYAMM (Advocate)     13 December 2013

I am not understanding, how the water and electricity bills are stands in your name, without registration of a sale deed. Since the executor of the Sale Agreement is died, the only option is to register a sale deed by the legal heirs of the deceased owner. Get it be registered a sale deed, through the legal heirs. In case, if the legal heirs refused to register a sale deed in your favour, you have only option to approach a court for "Specific Performance of the Agreement". only.

AAK (Advocate)     13 December 2013

This involves lots of technical aspects... first of all the unregistered agreement of sale is not admissible in evidence.. Secondly if the sale agreement is impounded by the court you need pay heavy penalty and stamp duty.. Option for filing of case for specific performance of contract is to be seen only by going through the contents of the documents... The contents of the agreement are very much material.. need to see whether it is hit by limitation act...

There are many more aspects.. I recommend better to consult with local lawyer.

If the legal heirs are interfering with your possession.. you may approach the court for the relief of Injunction to not to evict without due process of law.

Yogesh (Asst. Manager- Taxation)     16 December 2013

Dear Mr. Baala & AAK,

Thanks for valuable feedback.

 

My Simple question is :

1.  Whether legal heir can claim the property  ?

2. Procedure to  get registry done       ?

 

Now the debate is only for solution:

We have paid an amount for the property --     Yes

We are staying there from last seven years --   Yes

 We have Proof of Sale (agreement )         -------Yes

 

Since the name in LAND REVENUE record is still the same (Seller Name)  could you please suggest how to get register the property 

 

I will be highly obliged for your suggestion and response

Thanks in advance

Regards


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