Sale deed vs unregistered pvt agreement

Vandana SKumar (Querist) 30 April 2012 This query is : Resolved
Can you plz clarify the validity of a registered sale deed transferring the entire right to the buyer against an unregistered private agreement entered on the same day of sale deed allowing the seller to use the sold piece of land.

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ajay sethi (Expert) 30 April 2012
regsitered agreement is admissible in evidence . if as per regsitered agreement property transferred buyer is owner of property .

how can 2 contraduictory agreement be netered on same day

Deepak Nair (Expert) 30 April 2012
Unregistered documents have no value over the registered documents

Sankaranarayanan (Expert) 30 April 2012
i do agreed with mr sethi. reg.documents is authenticate evidence

Vandana SKumar (Querist) 30 April 2012
There was a registered sale deed in jan 2004 for buying a piece of land. This was purchased for using as a pvt road. ( increasing the width of an existing pvt road) There was an agreement to sell in Nov 2003 with one month validity stating that seller will also have the right to use it as a road. But the seller couldnt sell it within the time and actual sale happened in Jan 2004. sale deed clearly states that seller is giving the abosolute right to the buyer. Now,in 2011 seller claims that he have right to use the road as the buyer uses it. Buyer filed a civil case producing the sale deed and got an injuction restricting the seller to use it. Later seller filed another suit producing an unregistered agreement between seller and buyer stating that both have the right to use the road( agreement date is same as of the sale deed)Seller got an injunction from the same court stating that buyer should not restrict seller from using it.Now two contradictory injunctions are standing on the same court for the same property.

adv. rajeev ( rajoo ) (Expert) 30 April 2012
Whatz the interest of the seller on the road? Whether he has got any property to to by using that road?
If seller has filed mere injunction then it is not maintainable. He has to file a suit for declration of easementary rights.

Vandana SKumar (Querist) 30 April 2012
Sellers property is accessible to PWD road directly.He got money worth two times of the market price for selling that piece of land. Now, he wanted to put an electricity post on the road which is now in his property. Buyer objected for that coz with that the purpose of buying that piece of land is getting defeated.

Vandana SKumar (Querist) 30 April 2012
For claiming easementary rights 20 years possession is required , right ? Since he sold it in 2004 , whether he can claim easementary right? Is it justifiable to claim easemntary right in a sold property ?