Ownership transfer from other missing person

Mohit Naagar (Querist) 28 September 2020 This query is : Resolved
Dear Sir
My father was buy a property in Dec 2011 in panipat haryana. On that time registry was close or not happening in this area. So in this situation deal done on full payment agreement. Now registry opened but my father passed away (in 2014) and we don't know where is 1st party (property owner). We have original registry and mutation. So please suggest me what I do for ownership transfer to me or my mom

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This discussion addresses the complex issue of transferring property ownership when the original seller is deceased and their current location is unknown. The original buyer's son, who has the sale agreement and original registry documents, is seeking guidance on how to transfer ownership to himself or his mother. The advice suggests filing a case for specific performance, even if the seller's whereabouts are unknown, as the court may make an ex-parte decision.

Dr J C Vashista (Expert) 28 September 2020
Your father is stated to have died in the year 2014 and now it is 2020, what were you doing during this period ?
Your father could not get the papers/ documents executed since 2011 to 2014 (due to the reason no registration for some time) afterwards ?

Dr J C Vashista (Expert) 28 September 2020
Whether vendor (seller) is ready and willing to executed sale documents ?

Rajendra K Goyal (Expert) 28 September 2020
All the legal heirs can file case for specific performance.

P. Venu (Expert) 28 September 2020
Who is in possession/occupation of the property?

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kavksatyanarayana (Expert) 28 September 2020
Is the agreement for sale or not? If the agreement was done between your father and the seller, you can find the details i.e. address of the seller. Then you can give him notice through a lawyer by registered post and give public notice in the largest circulated Newspaper. You kept silent for about 6 years. Is there any proof for the full payment of consideration by your father?

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Mohit Naagar (Querist) 29 September 2020
Dear all
We are living in this house from 2011(when my father buy) we have agreement for sale in the name of my father (expired in 2014) and all original registry.

Mohit Naagar (Querist) 29 September 2020
We have full payment agreement.

Rajendra K Goyal (Expert) 29 September 2020
Proceed to file for decree of specific performance on the basis of agreement and possession. If the whereabouts of seller are not available, court may decide ex-party.

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