Regarding sale deed...

kishore (Querist) 02 September 2011 This query is : Resolved
sir....
actually i need clarification regarding sale deed agreement with out registration is valid or not....
next sir....
one property is dispute between family members ..i mean between X(1) and Y(2)....and the property in court ...but the propert posession in X (1)next another outside business relator(z) buys disputes propety frum X ...but he taken saledeed agreement from X...next he did not mention time period in saledeed agreement...agreement is done on 2005 august....next business realtor (Z) enjoying shop rents....saying tat shop belong to him....next even not paying rent....even X (1) canceled saledeed agreement by giving lawyer notice and take back his money....but shop is not vacating...next Z is enjpying shop rents saying Z is owner.....
my doubt is how many days sale deed is agreement is valid if not registered next if there is time period not mentioned in saledeed agreement is valid.....can anyone plz suggest how to vacate shop and get rent to X...or to seize propert and get rent to court

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ajay sethi (Expert) 02 September 2011
1)you have stated that dispute between family members is in court . if it is so , how can X sell property to Z. whether court has passed any directions in suit to mainatin staus quo or not to create third party rights .

2) since sale made by X to Z in august 2005 through an agreement is not registered z cannot move court . the document would be inadmissible in evidence . if you wan to register document you will hav eto pay penalty and will ned Z cooperation to register it .

kishore (Querist) 02 September 2011
but Z ENJOYING BY TAKING SHOP RENTS AS IF HE IS OWNER .can anyone plz suggest how to vacate shop and get rent to X...or to seize propert and get rent to court

Raj Kumar Makkad (Expert) 02 September 2011
I do agree with sethi.

kishore (Querist) 02 September 2011
sir is there any procedure to seize propert and settle down shop rent to court...or X

Guest (Expert) 03 September 2011
the query is not clear on these point
what is the suit?

M/s. Y-not legal services (Expert) 03 September 2011
Mr.ajay cleared you. But whats your next doubt sir. Its something confusing..

ajay sethi (Expert) 03 September 2011
solution is simple . property was sold pending dispute in court . let Y move court for appointment of receiver as property has been sold fraudelently by X to Z . if court receiver appointed z will lose control over property and rentals if any will be deposited in court

prabhakar singh (Expert) 03 September 2011
actually i need clarification regarding sale deed agreement with out registration is valid or not...????NOT AT ALL IS THE ANSWER FOR U.P.

my doubt is how many days sale deed is agreement is valid ???IT IS THREE YEARS FROM ITS DATE OR FROM HAPPENING OF ANY CONDITION MENTIONED IN THE AGREEMENT.

.can anyone plz suggest how to vacate shop and get rent to X...or to seize propert and get rent to court????

Z AND ALL CLAIMING RIGHT UNDER HIM MUST BE SUED FOR EVICTION AS TRESPASSER AND DAMAGES FOR WRONG FULL USE AND OCCUPATION SHOULD ALSO BE CLAIMED AT MARKET RATE,.

AND IF IN CASE ALREADY PENDING IN WHICH Z IS ALSO A PARTY THEN SUGGESTION AND RELIEFS SHOULD BE SOUGHT FOR BY SUITABLE AMENDMENTS IN PLAINT.

APPOINTMENT OF RECEIVER CAN ALSO BE SOUGHT FOR.

kishore (Querist) 03 September 2011
one property is dispute between family members ..i mean between X(1) and Y(2)....and the property in court ...but the propert posession in X (1)next another outside business relator(z) buys disputes propety frum X ...but he taken saledeed agreement from X...next he did not mention time period in saledeed agreement...agreement is done on 2005 august....next business realtor (Z) enjoying shop rents....saying tat shop belong to him....next even not paying rent....even X (1) canceled saledeed agreement by giving lawyer notice and take back his money....but shop is not vacating...next Z is enjpying shop rents saying Z is owner........sir actually the possesion of propert BY X but after sale deed agreement(which is not registered) next one more thing sir they did not mention timeperiod but i have seen forum tat agreement will be valid for 3 years by limitation act....agreement made in 2005...
next other query i need......actually X sold property to Z which is court dispute ... Z he made payment of 25% of property after tat ...Z saying iam the owner ....next he is collecting montly shop rents.....becaz he is getting shop rent so he is not giving 75% of saledeed agreement to X.....next X made lawyer notice to Z tat ur deed is cancelled and take back ur amount 25%......next Z saying he is owner......can any lawyer give suggestion to seize tat property and collect rent to court......

girish shringi (Expert) 06 September 2011
File civil suit and pray accordingly what you have described.

If the same property been illegally possessed by another,you can file criminal tresspass.

Give notice to tenants and demand stay on rent payment to the third party who is not the official (legal)owner of the property.

Regarding sale deed...

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