What the Lrs have to do?

Querist : Anonymous (Querist) 05 May 2010 This query is : Resolved
Respected Experts,

I am hereby giving a problem for your solution.

“A” has executed an un-registered Sale agreement on 22-02-2006 in favour of “B” on a Rs.100/- stamp paper, after receipt of the total consideration amount (nothing is due) and also on the same day “A” has given physical possession of the said land to “B”. Due to some personal reasons “B” has not interested to get it registration in his favour and asked “A” to register the same as and when he claims/demands.

And accordingly a sale agreement is drafted and the below points are there in the said document as it is.

"The purchaser has paid the total sale consideration amount and whereas the seller has acknowledged the receipt of the same and nothing remains to be paid by the purchaser to the seller".

And hence the physical possession of the schedule mentioned property has been handed over to the purchaser and the purchaser has duly taken over the physical possession of the said land.

That parties to the above agreement undertake that as and when the buyer or in case of his death his legal heirs shall desire the seller or in case of his death his legal heirs shall get the registered sale-deed executed.”

In the mean while ie., one year back “B” died. Now the Lrs of “B” came to know about the said document. When the Lrs of the deceased “B” approached “A” and requested to register the document in their favour and where as “A” bluntly refused to do registration.

So now what the LRS have to do in this regard.

Follow Query

Report Abuse

R.R. KRISHNAA (Expert) 05 May 2010
An unregistered sale deed conveys no title to B and hence the transaction being invalid and no rights accrue for either party.

Assuming legal heirs of B have rights to seek registration then they can file a suit for specific performance against A to register the property in their favour. To avoid the problem of limitation the legal heirs can state that their date of knowledge of the transaction was recent.

Querist : Anonymous (Querist) 05 May 2010
Thanks Mr. Krishnaa for ur immediate response and good suggession.

Ashok Yadav (Expert) 06 May 2010
Agreement to sell is need not to be compulsorily regd., and if the seller has recieved full and final payment, he or his legal heirs are liable to get the sale deed regd. in favour of B. If the seller is not ready to execute sale deed then the heirs of B can approach the court for Specific Performance of the Sale agreement.

kranthi kiran (Expert) 06 May 2010
File a suit for specific performance against A. The problem comes, in the limitation aspect though you can compute the limitation from the date of knowledge/death of father. Further the Court will treat the "agreement of sale coupled with possession" as a sale deed and demand to pay the stampduty and ten times penalty.

Kiran P.V, Legal Consultant, Hyderabad

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries