yadagiri (LL.M) 14 July 2011

Validated/impound agreement of sale

In the year 1996 property purchased through agreement of sale and total consideration amount paid, subsequently the document vendor (A) not avilable the purchaser (B) validated/impounded that document before the district registrar, therafter he sold to X under registered sale deed, again X sold to Y under registered AGPA with possession, after that Y sold the same to Z under registered sale deed and Z is in possession of the property as an today. In the year 2006 the some LRS of the A (Vendor) filed the declaration suit against the B, X, Y, Z. stating that the Agreement of Sale is not executed his father and the original title deed are misplased in the year 2006 ?

I am representing Z in the above suit, kindly give any citations to prove that validated/impounded document is legally valid document under the registrarion act.

Reply Follow

7 Replies

VIRAJ KADAM (Advocate Supreme Court of India) 14 July 2011

Dear Friend,

Your client Mr. Z, is the bonafide purchaser for valuable consideration. Now you have to establish that X had valid and marketable title to the questioned property. Also, the lacuna in your case is that there cannot be any transfer of property by way of General Power of Attorney. Therefore, how will you come out of that?

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com

astutepartners@gmail.com

SACHIN AGARWAL (ADVOCATE) 14 July 2011

Your query is not clear. PLease clarify how the purchaser got the document validated/impounded before the district registrar?

Parag Modi. (Maharashtra.) 14 July 2011

it is not difficult for you to safeguard your clients right. Just Think.

P V Namjoshi (pvnamjoshi@gmail.com) 17 July 2011

What do you mean by "In the year 1996 property purchased through agreement of sale and total consideration amount paid, subsequently the document vendor (A) not avilable the purchaser (B) validated/impounded that document before the district registrar," What is this validiation/imounding.Under what provision of law you did it. When the real owner has filed suit for cancellation?Please let me know.

yadagiri (LL.M) 18 July 2011

Dear Viraj,

It is not a General Power of Attorney, it is Agreement of Sale and the recitales of document clearly discloses that the total consideration amount received and also delivered the possession of the property, further vendor gave the separate receipt to acknowledged the payment of amount. Give any good solution or citations.

Thanks You

C. Yadagiri

Advocate

yadagiri (LL.M) 18 July 2011

Dear Friend,

My Client Z got the validated document along with link documents from its previous owner

yadagiri (LL.M) 18 July 2011

Dear Sir,

In 1996 One Person "A" executed the agreement of Sale infavour of "B", thereafter the whereabouts of "A" not traced out "B" Validated the above said agreement of sale by way of paying stamp duty before the District Registrar in the year 2002. Thereafter "B" sold the property to "X" under registered Sale Deed, subsequently "X" sold the same to "Y" under Regd. AGPA with Possession, after that "Y" sold the same to "Z" (my client) under Regd. Sale deed in the year 2006.

The LR's of "A" (since A died in the year 2002) filed the suit against the B,X,Y and Z for declaration and injunction suit. "Z" is the bonafide purchaser and still today he is in possession of the property, due to increasing the rate and boom of real esate the LRs of "A" filed this suit