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RUPAM KHAUND (STUDENT)     31 March 2012

Unregistered sale agreement on july,1996

Hello all,

                 my father had signed an unregistered sale agreement(Rs.30 stamp paprer) in july'96 by receiving Rs.15000(full amountrs.18000 on agreement). There is no term period mentioned in the agreement. my father have written on the paper that I had received Rs.15000 and signed. Even after repeated calls, the person didnot execute the sale deed and make own dwelling houses(kaccha houses)  on 2006.Now,he gives us a notice through advocate to complete the sale deed within 15 days by giving us remainig amount mentioned in agreement.[Govt value of that land=5 lakhs,market value=12 lakhs]

               I request you all please answer me the following questions: 1.What is the validity of the document?, 2.If I want to retain the property, what should I do?, 3.Some say that the document is valid for 3 years is it true?4.is our ownership retain in that land? 5.can we sell it to other party? plz provide some suggestion what to do...
Thank U,



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     31 March 2012

You are still the owner of the property. He is not entitled to Specific Performance of the sale agreement + nor is he entitled to continue in possession as part performance of the agreement. Before introducing third party interest it is important to claim that after he failed to perform the contract by executing the sale deeds all these years - you had rescinded the contract. To prove that you need some evidences.

Reply at once to the legal notice, lest all of it is deemed admitted. Consult a local Lawyer !

Feel free to email !

1 Like

Shantilal Pandya ( Advocate)     01 April 2012

 if the possession is transferred to the puchaser  by an unregistered  sale  deed , the purchaser is entitilred to retain the possession  he can   resist your entry in the  property  notwithstanding that the  sale is  not affected  as per law, it is good for you that he  calls upon you to  complete the  sale meaning thereby that he  admits   your father   to be the owner  , your father   shoud file  a suit for recovery of possession  on the strengh of title , if you  are not having the possession , 

1 Like

Shantilal Pandya ( Advocate)     01 April 2012

 if the possession is transferred to the puchaser  by an unregistered  sale  deed , the purchaser is entitilred to  retain the possession  he can   resist your entry in the  property  notwithstanding that the  sale is  not affected  as  per law, it is good for you that he  calls upon you to  complete the  sale meaning thereby that he  admits   your  father   to be the owner  , your father   shoud file  a suit for recovery of possession  on the strengh of title , if you  are not having the possession , 

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