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Querist : Anonymous (Querist) 29 October 2010 This query is : Resolved 
Dear Friends of Forum,

My friend has encountered a Typical problem, it is like this:

His father Mr.'A' had purchased a property (Open Plot) and taken an Agreement cum sale deed and registered the same after paying the full considreation to the seller Mr.'S' and this fact is also clealrly stated in the deed, and has taken possesion the open plot.6 years back Mr. 'A' has died; All these years his legal Hiers was thinking the plot is registered on the name of their father Mr. 'A'. Now the the seller of the plot Mr.'S'is resisting to Register the plot on the legal heirs of Mr.'A'. Please suggest the cure for this problem.

With regards and Thanking you All.
s.subramanian (Expert) 29 October 2010
The legal heirs can file a suit for specific performance of the said agreement.
Devajyoti Barman (Expert) 29 October 2010
How the seller could resist when he has already sold the property to A.
R.Ramachandran (Expert) 29 October 2010
Dear Anonymous,
You are not coming out with clear facts.
You say "Mr.'A' had purchased a property (Open Plot) and taken an Agreement cum sale deed and registered the same after paying the full considreation to the seller Mr.'S'.
Once the sale deed is registered in the name of "A", why should the seller register the same in the name of the legal heirs of Mr. A?
[Or are you saying that your father has got a Agreement cum Sale Deed written on stamp paper, duly signed by the seller, BUT NOT REGISTERED but simply kept with by Mr. "A"?]
Please clarify.
Kirti Kar Tripathi (Expert) 29 October 2010
yes, i agree with Mr. Burman and Mr. Ramchandran, the query is ambiguous.
Querist : Anonymous (Querist) 30 October 2010
Dear Experts....Thanks for the replies

Only the Sale cum agreement deed was registered in the name of Mr A who has now expired. Mr. S is now not coming forward to register the Plot in question in the name of the legal heir of Mr A.

Thanking You in advance
M V Gupta (Expert) 30 October 2010
Suit for specific performance should be filed within two years from the date the cause of action arisen. Pl consult local lawyer with all the details and take immediate action.


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