Sale agreement on 100/- stamp paper by property owners
K Ravinder Reddy
(Querist) 21 May 2015
This query is : Resolved
I have purchased 1/2 acre of land (which originally
was an agriculture well )adjacent to my registered property owned by a group of people who were all joint holders of 18 acres of land . they have partitioned the land among themselves and got patta pass books from revenue authorities pertaining to their share of land but this particular well was not shown in any one of their pass books, may be on a oversight .they sold out their part of property which was on their patta pass books .this well was not in any of their passbooks but jointly enjoyed by them all when property was together.Now they approached me to buy this well .I agreed and bought this land and all the earlier partners and their legal heirs signed on 100/- stamp paper stating that they are selling this well to me for a consideration of 1,50,000/- .They also stated that this agriculture well belongs to them and will not have any claim over it in future. This document could not be registered because it was not shown in any ones pass book.I got it notarized on the spot by a legal notary .
Now my doubt is how far Iam protected from future litigations. Please tell me of any remedies .
Isaac Gabriel
(Expert) 21 May 2015
Pl.check up with Revenue authorities about the title.
Kumar Doab
(Expert) 21 May 2015
You should have checked with Patwari for latest fard,Intkaal, Nishaandehi,Shamlat (check what it is called in local terminology) and should have asked for Nishaandehi and inquired whether it is Shamlat land.
If it was possible the patwari would have done the intkaal.
Notarized agreement may not be sufficient to register it in your name and establish clear title.
If it is not possible take back your money.
Rajendra K Goyal
(Expert) 22 May 2015
Any unregistered sale deed of property is not legally enforceable.
malipeddi jaggarao
(Expert) 23 May 2015
Well is situated on the ground, is it not? A survey of entire land is to be undertaken and it has to be find out to whom the particular piece of land belongs as per the partition/pass books. Nobody can sell the well separately without selling the ground. Find out who is the owner of the ground. Then get it registered by obtaining NOC from all the existing owner of the entire 18 acres so that tomorrow nobody can claim that it was common resource for their cultivation. If this is not possible, forget about the deal.
T. Kalaiselvan, Advocate
(Expert) 24 May 2015
The sale will be invalid in the eyes of law because it is not registered. The patta is not the title document considered for sale of property, the title document i.e., original document should have a mention about this Well, thus it might have been sold to somebody therefore your purchase can be held invalid.
