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Regarding land agreement

(Querist) 15 February 2016 This query is : Resolved 
If a sales agreement was made before 1985 & the sales agreement was written on white paper with both the seller and the witnessner were signed on it and the full amount was paid.and the agreement was made without any time limit. in that agreement the seller mentioned "that the buyer can register the land at any time he wants".and he will be ready at any movement to register the land .

In case after 25 or 30 years if the seller refused to come to registration or trying to sell the land to another person what will happen ? Who will win the case the seller or the buyer
Note: but the land was yearly agticultered by the buyer he is the one who is cultivating the crops & he is also paying "kisthey" for that land.
I.S.Roy,Advocate (Expert) 15 February 2016
Dear Ashok,
In generally the agreement date of performance to be within 3 years from the date of execution but in case of registration from the date of refusal within 3 years but in your question that it was already 25 or 30 years so, there is no chances of filing suit because the very date of filing suit barred by limitation . In case of agreement 1985 and you are in possession then you will get right of possession and basing on that you do mutation of revenue records by entering your name and particulars on following certain revenue procedure.

with regards
I S Roy, Advocate
Adv. Yogen Kakade (Expert) 15 February 2016
As the document executed is not registered and with no stamp duty and registration charges paid, the document is not enforceable by law even if it was executed and signed in 1985.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Ashok kumar (Querist) 15 February 2016
If the agreement is in a bond paper means
Rajendra K Goyal (Expert) 16 February 2016
The document need to be referred, consult your lawyer who is well aware of the case file.


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