Can i seL this Land widout probate?
Aditya R khandelwal
(Querist) 07 January 2010
This query is : Resolved
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT RECEIVING PROBATE AND WIDOUT INVOLVING MY BROTHER IN IT???? I STAYS IN A SMALL TOWN IN JHALAWAR IN RAJASTHAN.
Aditya R khandelwal
(Querist) 07 January 2010
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT RECEIVING PROBATE AND WIDOUT INVOLVING MY BROTHER IN IT???? I STAYS IN A SMALL TOWN IN JHALAWAR IN RAJASTHAN.
Manish Singh
(Expert) 07 January 2010
Dear Mr. Khandelwal,
if you have the registered sale deed then there is no need for any other document to show your ownership over the said land.
you can straight away sell the said land off without any interference from any third person.
J.D.Sharma
(Expert) 07 January 2010
i beg to differ from mr. manish singh as Mr. khandelwal is not speaking of registered sale deed rather he say that he have got sale agreement.
so my suggestion to mr. khandelwal is that on the basis of Will go to the tehsildar and ask for mutation. After santioning of mutation the name in the records of right will get changed and you will be shown as owner of the land. after that you can sell the land. Mr. khandelwal there is no need to show other document as power of attorney etc. this will be of no use as these remain in force till the life of the executor. again if you will go on the basis of agreement to sell- it is a time barred agreement as a period of 10 years have been passed since it execution. so move ahead with Will. In case you find any difficulty with that, only in that case resort to the alternative but as for now the best option is to seek mutation on the basis of will.
N RAMESH.
(Expert) 07 January 2010
//THE PREVIOUS OWNER gave you "REGISTERED SELL AGREEMENT".//
It does not convey title to you. You are only an agreement holder.
//REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER IN FAVOUR OF MY ELDER BROTHER//
Your brother had authority to convey the property, as agent of the owner. But now, as the owner (principal) dies, your brother (agent) has lost his authority.
If you are able to show that the power is coupled with interest, i.e, your brother got right over the property, then power will be valid.
//I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER.//
Sale agreement with proof of payment will entitle to sue for specific performance of agreement. You can compel the legal heirs of the deceased owner to execute the sale deed.
//THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT RECEIVING PROBATE AND WIDOUT INVOLVING MY BROTHER IN IT???? I STAYS IN A SMALL TOWN IN JHALAWAR IN RAJASTHAN.//
If the property is in city, probate has to be obtained against the legal heirs of the deceased owner.
In any case, if legal heirs objects, you have to prove the validity of the will.
You have some right.
Your brother can claim some right.
You can not act/deal independently
Aditya R khandelwal
(Querist) 07 January 2010
IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.
Manish Singh
(Expert) 07 January 2010
Dear experts,
i beg to differ from you since according to the questioner, the document in possession ids a sale agreement and not an agreement to sell. so calling a sale agreement as a sale deed is perectly okay in the eyes of law.
hence the questioner does not need any further document and can proceed to sell the land off at his own whim.
Raj Kumar Makkad
(Expert) 07 January 2010
Manish! Please correct yourself. Sale-agreement is not a sale-deed. Agreement do not fconfer any right in favour of the quarriest. The will is also not registered and it is just notarised.
Now quarriest have only 2 options. One to get the will probated through court of law and second is filing a suit for specific performance. It is better if he serves a legal notice to the heirs of the deceased and request them to get the regisred sale-deed executed in his favour before the registrar on a particular date and on failure to do so he should file the suit for spefici performance.
If the entire amount of the agreement is already paid to the seller then there is no limit of the agreement to be executed and it is not time barred as wrongly opined one of the experts.
Probate of will is difficult then seeking specific performance. So move in this direction. You cannot sale the prperty directly as you asked without getting first registered in your name.
Y V Vishweshwar Rao
(Expert) 07 January 2010
By mutation on Agricultural land - the rights of the party are recorded on the basis of the Will Deed in the Land Revenue Record rights , he can sell the land as pattedar & possessor!
Manish Singh
(Expert) 08 January 2010
Dear Experts
the word deed has not been defined in any statute.
if the agreement /contract of sale is a concluded contract (which means a final one where no contingency arises for future things) then it can not be called an agreement to sell. the agreement of the questioner herein is a concluded contract thus conferring complete right of ownership over the property to him. no need of will or anything.
