Unregistered sale deed
T Pande
(Querist) 28 October 2013
This query is : Resolved
Dear Experts
I purchased a property way back in 1990 from my neighbor/seller. Towards the said purchase I made payment in various tranches against which I am in possession of all duly signed receipts of the seller contemplating that "such and such amount have been received towards the purchase of the said property". When the purchase money was fully paid I requested the seller for registration of the said property, but he kept on stalling it and later he got settled in abroad. I am living in the property peacefully with my family since 1990. The seller has now returned to India and when I contacted him again to come and register the sale deed, he refused to come for registration saying that he never sold the property to me and I am just an unauthorized occupant in the property.
I would be highly obliged if you could suggest me what remedies do I have to get the title of the property cleared in my name?
Devajyoti Barman
(Expert) 28 October 2013
File a suit for specific performance of contract.
malipeddi jaggarao
(Expert) 29 October 2013
You have got the evidence in your hands and you are enjoying the possession of property for more than 23 years. As such the property belongs to you. But unless he registers the property in your name, you will not have clear and marketable title to the property. Hence you should insist for registration. File a suit for specific performance contacting a local lawyer.
Anirudh
(Expert) 29 October 2013
When did you make the last payment towards the consideration to the seller?
If that last payment was made more than 3 years ago, then limitation will come in your way in filing the suit for specific performance.
Ms.Nirmala P.Rao
(Expert) 29 October 2013
You file a declaration suit for title to the property in question along with injunction directing the seller through court to complete your title as full owner of property and effect registration thereof in your favor. First get issued legal Notice to him demanding registration and other formalities. I hope you've the purchase receipts in your favor and also apply for property tax receipts for all these years, nil encumbrance certificates etc in proof of your absolute ownership, right, title, and interest and possession of the property in question. Your title to become the absolute owner of the property is also got perfected by virtue of the doctrine of adverse possession.If you wish thank me for this reply please click the thank you button on my profile.
Rajendra K Goyal
(Expert) 29 October 2013
Contact a local lawyer and show him all the documents.
C.V.Kansara
(Expert) 29 October 2013
i agree with all experts. BUT as the matter is completed you should consult expert local lawyer he will handle the matter and hurry up.
Raj Kumar Makkad
(Expert) 30 October 2013
Local lawyer can only deal with the issue effectively.
ajay sethi
(Expert) 30 October 2013
you have been grossly negligent .
for 23 years you have not taken any steps . in 1990 itself you ought to have issued legal notice and filed suit for specific performance if seller refused to register property in your name . issue legal notice now as advised by experts
T Pande
(Querist) 30 October 2013
Thanks experts..Will do the needful...
