Validity of un-registered sale deed
Sri Vijayan.A
(Querist) 22 November 2010
This query is : Resolved
Mr.X executed a sale deed in favour of Mr.Y in the year 1978 and unregistered.
Mr.X expired in the year 1983.
No doubt the unregd sale deed has no validity. But upto 2005, Mr.Y is in uninterrupted possession and enjoyment (more than 12 years)of the land.
Now, the heirs of Mr.X claims the property and filed the suit.
How to counter it?
Thank you in advance
A.Sri Vijayan
M.Sheik Mohammed Ali
(Expert) 22 November 2010
Your details is not fullfil give the all details. now Y have any propety tax and EB bill & Telephone bill in favour of Mr.Y.
R.Ramachandran
(Expert) 22 November 2010
Dear Mr. Vijayan,
While you will not be in a position to file a suit on the basis of an unregistered Sale Deed, you can certainly use it as a collateral evidence while defending your possession. It is permissible. The very fact based on such a sale deed you have been in possession for such a long time (without paying any rent whatsoever) strengthens your case.
Sri Vijayan.A
(Querist) 22 November 2010
I thank MR.Ramachandran for his speedy reply.
Mr.Ali, the property is vacant land with the possession of Mr.Y who is using it as his car park.
Mr.Y is residing in the neighbouring house, so he can manage it as his car park
Sri Vijayan.A
(Querist) 22 November 2010
What I am trying to convey is there is no property tax, eb bill, telephone bill except this unregd sale deed.
A V Vishal
(Expert) 22 November 2010
If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908)
Guest
(Expert) 22 November 2010
Mere permissive use of vacant land will not mature rights on the basis of adverse possession in alternative.Admissibility of unregistered sale deed for collateral purpose may be judged on the basis of circumstances in the light of prevailing law.
R.Ramachandran
(Expert) 22 November 2010
It is not the permissive use of vacant land, but it is conveyance of vacant land by sale deed duly signed by the owner thereof (but the said sale deed had not been registered.) So the said sale deed can be used as a good defence against any claim for the property.
Kirti Kar Tripathi
(Expert) 22 November 2010
i think, Mr. Ramachandran is correct. since the party has possession for considerable period on the basis of un-registered sale deed though it is vacant land,he can seek benefit of section 114 of evidence act.
s.subramanian
(Expert) 22 November 2010
An unregistered sale deed in an inchoate document and is incapable of conveying valid and lawful title over the property. No claim of title can be based upon it by the buyer. You say that Y was in possession of the property till 2005. And you say Y can manage it as his car park since he is the neighbour. All these reveal that Y is not in possesion of the property as on date. Therefore Y cannot claim even on the basis of perfection of title by adverse possesion. Good Luck.
Sri Vijayan.A
(Querist) 22 November 2010
Dear Mr.Subramaninan,
Yes, Y was/is in possession un-interrupted till 2005.
From 2005, dispute started orally.
In 2010, One built wall and other remove it. One put a hut other destroy it.
In 2010, heirs of X filed suit.
This is the scenario.
Advocate. Arunagiri
(Expert) 24 November 2010
Y is not having the ownership or even possession over the property, then what is the present case. The recovery of money from the legal heirs is also time barred. What is the prayer of the X's heirs.
Sri Vijayan.A
(Querist) 24 November 2010
To evict Y permanently is the prayer
adv. rajeev ( rajoo )
(Expert) 22 November 2010
