Regarding sale agreement.

Querist : Anonymous (Querist) 07 August 2010 This query is : Resolved
Sir, in 1989 a house came for sale in my village.My mother gave money to my uncle to buy half portion of the house.since we were out he registerd the whole house(full portion)on his name.In 1997 he was sick and was in bed only.My mother along with the village elders approached him for her share.That day on May 10th in a sale agreement he stated that for Rs 5000 he agrees to sell the half portion of the house to my mother as an advance received Rs3000.he states that since her sons marriage comes she cant register now and she can register at any time when she is comfortable.if i am not gegistering you can do compulsary gegistration.Agreement is in a20Rs stamp papper.But he died on 21st may 1997 just after 10 days.the legal hairs are not willing to register.From 1997 my mother is in possession and paying house tax etc.If any prolem arises what i should do.please guide me sir.

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S. Bharath (Expert) 07 August 2010
You say that your mother is in possession till now and apparently there is no trouble or problem..so let her continue as it is, keep paying the tax and be in possession; if she is troubled by other people, then seek legal advice. There is nothing you can do with the document now, but just preserve them.

s.subramanian (Expert) 07 August 2010
the matter is very badly time bared. however issue legal notice and try to compromise with the aid of some elderly relatives.it will not be fruitful if you go to court after the lapse of so many years.

Querist : Anonymous (Querist) 07 August 2010
one of my friend advised me that by doing a settlement deed on myself through my mother i may not have problems and in that settlement deed she should state that she got the property through oral sale deed in 1997.he advised me not to show the agreement in the settlement and said keep the agreement as a supportive evidence.Is that will work? please guide me sir. thanking you

adv. rajeev ( rajoo ) (Expert) 07 August 2010
1997 agreement of sale is no value because stamp itself is time barred. To file a suit for specific performance of contract suit time is 3 years from the date of execution of the agreement of sale. So even if you filed the suit, it will be dismissed.

Raj Kumar Makkad (Expert) 07 August 2010
I do agree with Subramanian

s.subramanian (Expert) 07 August 2010
oral sale is not recognised in law. therefore no purpose will be served by taking a settlement deed from you mother who has no title over the property. such a step would not take you any further or improve your position as it is now.