Sale deed to one person & sold to another person

Muthuraman (Querist) 01 January 2014 This query is : Resolved
Hi,

A seller has made a sale deed to me for an Agri Land in 2006 for the amount of Rs.50,000 in Tamilnadu. And I am using this Land since 2006. As per the sale deed, the seller has agreed to register the land any time when i am ready for registration.

But when i have called the seller in 2013 December for the registeration of land, he is not coming for registration.

As i had doubt, i have made the EC for the particular land and found that the seller has made the settlement deed to his son & registered the Land to his son in Dec 2012.

Now how i have to proceed to get my land registered on my name?

Kindly provide your input to proceed further.

Regards,
Muthuraman

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Anirudh (Expert) 01 January 2014
1. I hope you have paid the entire sale consideration of Rs. 50,000/- by way of Cheque.

2. I also hope in the Agreement to Sell (Not sale deed) it is indicated that the possession of the land has been handed over to you.

3. I also hope that the Agreement to Sell has been Registered.

Please confirm the above three items, before any further answer could be given to your query.

Muthuraman (Querist) 01 January 2014
1.Yes,I have paid the full amount by cash to the seller & it is mentioned in the "agreement to sell" that the seller has received the cash.

2. Yes it is indicated in the agreement to sale that the possession of the Land is handed over to me in the year 2006 itself.

3. Agreement to sale is not registered.

ajay sethi (Expert) 01 January 2014
agreement has to be regsitered within period of 4 months under Registration Act . maximum time provided for registration is 8 months .

the mistake you made was paying full consideration and not registering the agreement .

issue legal notice to seller that under sale deed he was required to appear for registeration as and when you desired .contact a local lawyer .

ajay sethi (Expert) 01 January 2014
you will also have to challenge the settlement deed made by seller in favour of his son particularly so when land is under your possession . also file criminal case for cheating , criminal breach of trust against the seller .