Revenue stamp receipt as evidence
AJIT KAWATKAR
(Querist) 02 September 2013
This query is : Resolved
we purchased ppty by paying full consideration from land lady [1991] "receipt on REVENUE STAMP with promise to undertake SALE DEED in near future " was obtained. unfortunately the land lady died without signing SALE DEED.
The possession was given to us we with our own cost constructed bldg. [6 blocks] The assessment order & ppty tax receipts also Electrical connections are on our names[on the basis of NOTARISED NOC from land lady]
Now after 19 yrs on the basis of mutation
the heir is demanding huge sum for pending
sale deed or else threatening to sell the ppty to 3rd party.
Q if situation demands AS OUR DEFENCE can we produce REVENUE RECEIPT [as said above] & NOTARISED NOC; ASSESSMENT TAX RECEIPTS ?
Q since 19 yrs have passed without any
objection/notice can claim ADVERSE POSSESSION ?
Kolla Gangadhar
(Expert) 02 September 2013
Revenue receipt you should have filed suit for specific performance by issuing notice within 3 years against owner. owner died you should filed suit for specific performance against legal heir to execute sale deed. Adverse possession, you mark all your documents and see result. Mutation of legal heir name which record ? Any how legal remedy available to you consult Advocate examine to file suit for specific performance and limitation Act.
Raj Kumar Makkad
(Expert) 02 September 2013
Agreement to sale do not permit you to take plea of adverse possession as both pleas are self contradictory. Either you can claim adverse possession or on the basis of agreement.
Both pleas have pros and cons. You should dal the matter wisely. contact the competent local lawyer personally.
C.V.Kansara
(Expert) 02 September 2013
I agree with the expert. The late lady has handed over possession and other records are in your support. Contact local lawyer.modification. You have possessory title after paying full consideration. Better contact local well versed local lawyer.
Advocate Ravinder
(Expert) 05 September 2013
Here in this case, the title of the property has not passed at all. The so called receipt (deemed agreement of sale) is time barred. Unless there is title, the handing over of possession and other records will not be helpful to you. No doubt you are in lawful possession, but once the title is gone, you are bound to vacate the premises. Or else the legal heirs will evict you one day.
Relating to adverse possession, makkad sir had given a good reply.
To my advise, it is a weak case, better engage an experiened lawyer, you may find out a way.
