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Vijay (Management Consultant)     10 February 2018

Challening sales registration after 3 years

Hi Experts,

In order to clear a mortgage on a property, the owners of the property identified a prospective buyer and the buyer had got sales deeds registered on his name in 2011. Presence of original Link documents (original title deeds) was not a mandatory requirement as per the norms of the Registration Department back then. Buyer went into severe financial constraints and he could neither repay the loan nor the owners. He kept absconding the aspect of cancellation of registration upon mutual consent. Meanwhile, owners too went into financial constraints and could not afford civil suits. However, owners were able to obtain declarations from the buyer that he is yet to repay the loan and remaining sales proceeds to the owners.

Owners went into deeper crisis and even lost important family members due to health conditions. Years have gone by and the ask from the owners now is what are the legal remedies available with them to correct the situation. It is learnt that such civil suits should have been filed within 3 years from the date of registration. Are there any exceptional circumstances which can allow such civil suits to be filed. Can such matters be referred to District Court? or High Court?

Thanks to provie your expert views.

Regards



Learning

 1 Replies

R.Ramachandran (Advocate)     10 February 2018

Your story has full of missing links and incorrect information.

You have to approach a lawyer, well versed in property law, show all the documents in your hands, discuss the matter in detail and then take appropriate action, if possible.


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