Sales deed of lands.
MPM
(Querist) 20 October 2014
This query is : Resolved
Dear Experts
my parents had joint property on their names.They have sells some quantum of unused land to a 3 persons(x,y and Z). The sales deed agreement details as under
with x in the year 2002.
with y in the year 2004.
with z in the year 2007.
i am having problem with party x.
The sales deed agreement of x has not be registered at Registrar Office till the date, whereas y's and z's are available in Registrar Office. from Registrar website.
In sales deed of X only my mother has been signed and my father has not signed the agreement in the cases of y and Z both my parents has signed the agreement.
we have conflict with X party on following issue
They have not paid full amount to land till the date. They have build a house living their.
My question are as follows
1. whether the land is still belonging to my parents?
2. whether i have rights on the x lands?
3. whether i can vacate them from this land?
4. whether i can litigate them?
5. whether there is any delayed in taking action from our side?
At this condition suggest me what to do.
Devajyoti Barman
(Expert) 20 October 2014
1. If your father us still alive then he or in his absence you as his legal heir can claim his share.
2. Alternatively suit for specific performance of contract and injunction could have been filed but the same is time barred now.
Anirudh
(Expert) 20 October 2014
If the land was sold to X in the year 2002, and you did not receive money fully, why did you not take any action when X was making construction? That will surely go against you.
It will not be so easy for you to evict them. You have to approach Court of law. When you approach the Court of law, the point 1 above will trouble you again and again.
You can certainly litigate, but the chances of winning seems to be very thin. You will be ending up in spending more.
Yes, defenitely there is delay by you in taking action in this case.
Rajendra K Goyal
(Expert) 20 October 2014
Agree with the advise of expert Anirudh.
T. Kalaiselvan, Advocate
(Expert) 22 October 2014
Though the sale with x was not registered, on the basis of unregistered sale deed, x has taken possession and is in peaceful occupation and enjoyment of the property fro more than 12 years as on date, so he perfect the title by adverse possession too. You ma take the assistance of a local lawyer, show the papers to him and proceed as his further advise.
