(Querist) 08 September 2012
This query is : Resolved
Please reply to my query. My father purchased one house in the year 1966 for Rs.600/- in a village. The sales agreement is on plain paper (not on stamp paper and not registered with sub-registrar). The said sales agreement (Vechan Dastavej) was signed by both the parties and two/three witnesses also. On the record of Gram-Panchayat the entry is done since year 1966 in the name of my father. The property tax was also paid by us all the years. My father passed away in the year 2008 passing the said property to me in his will. Now, some one has challenged the sales agreement in the court saying since its not registered sales deed, the property does not belong to us legally and the sales/purchase deed is null & void. Is it compulsory to have sales/purchase agreement on stamp paper and also must to get it registered with the sub-registrar or is there any relaxation for old property purchased in rural area? In old period there are instances where properties were even transferred orally also by mutual consent of two parties and taken on records by the Gram-Panchayat. Please explain my legal status for this property.
V R SHROFF
(Expert) 08 September 2012
Some one cannot challenge your right. He had to prove he had a right. Though Registration is required, on requisite Stamp Paper, That alone cannot dispossess you. You have to Prove the contract, and possession, which is clearly in your favour. You can object the court case on ground of Limitation period as primary issue .to be decided first .