specific performance
Legal_Query
(Querist) 27 December 2008
This query is : Resolved
Dear Friends,
My query is:
'A' bought a land in april-04 from 'B' through unregistered sale deed and a kabja reciept(posession receipt)was given. In year Jan-2007 'B' has sold the said land to 'C' through registered sale deed and possession has already been delivered to 'C'. A notice was sent to 'B' by 'A' after the execution of the registered sale deed whcih had no result. Now what remedies are available to 'A'.
Pls advice with relevant judgments.
Thnks & Rgds
Kiran Kumar
(Expert) 27 December 2008
unregistered sale deed has no value in the eyes of law...B might have played some fraud with A but that will have to be proved.
u may start with penal as well as civil action against B but make sure u ve enough evidence to prove ur case.
in my opinion u may not get any temorary injunction in favour of A since ur document is unregistered one and the one in favour of C is registered one.
H. S. Thukral
(Expert) 27 December 2008
Had it been a registered deed you could get protection from dispossession though the specific performance has become time barred. Section 53-A of the TPA is of no help to you as the document is not in registered.
You may follow Mr. Kiran KUmar advice.
R.Santha Moorthy
(Expert) 28 December 2008
'A' bought a land in april-04 from 'B' through unregistered sale deed and a kabja reciept(posession receipt)was given.
So it is clear that A is in possession of the property but not with a good title. So he can file suit for declaration that the sale deed in favour of C is null and void with consequential injunction aginst B & C to protect his possession on the basis of the possession receipt by ignoring the allegede delivery of possession said to have been made to C. If he is able to obtain an order of ad-interim injunction, through which, he can try to get back the sale price if he actually paid to to B by mediation.
The demand made in the notice sent is not given in the query, which may contradict the pleadings of the suggested suit, which you should take care.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 December 2008
I do agree with Mr. Kiran Kumar. An unregistered sale deed has no value in the eyes of law...B might have played some fraud with A but that will have to be proved.
u may start with penal as well as civil action against B but make sure u ve enough evidence to prove ur case.
in my opinion u may not get any temorary injunction in favour of A since ur document is unregistered one and the one in favour of C is registered one.
Prashant Kumar Jha
(Expert) 30 December 2008
i agree with my friends advice as unregistered sale deeds are of no value in the court of law
Sachin Bhatia
(Expert) 02 October 2009
An unregistered sale deed has no value in the eyes of law...B might have played some fraud with A but that will have to be proved.
