Unregistered sale deed and eviction
kishore
(Querist) 15 September 2013
This query is : Resolved
sir X sold property to Y...total amount of property to sell is 1500000(fifteen lakhs ) but Y paid advance of 3,25000(three lakh twenty five thousand)in 2005..it is unregistered saledeedagreement..but property was handed over to Y by X..next Y got possesion of property ....next one more thing timeperiod is not mentioned in agreement.i mean contract period is not mentioned....property is commercial shop in hyderabad....later Y did not pay total amount and later X cancelled sale deed agreement by giving through lawyer notice..in 2006...after giving lawyer notice to Y not handing over property..i mean possession of property to X...next Y given property to rent Z ..Y collecting rent from Z...enjoying possession of property....now property is under road widening becaz Hyderabad metro rail project land acquisation to demolish 50% property....next Y and Z are planning to reconstruction of other 50% property....sir...my questions....are....(1) how many years a unregistered sale deed without mentioning time period in agreement is valid...(2)whether X can stop construction of shop remaining 50% by getting injunction order or stay matter..becaz Y and Z are trying to construction shop.(remaining left after road widening)....(3)next how to get property possession from Y to X....(4)since from 2005 Y enjoying giving property to rent ..taking rent..if X asks abut rent ....Y says property is in my possession i can give rent to anyone...is there any way to seize property.. or deposit rent to rent controller or in court....(5) whether LIMITATION ACT IS APPLICALE FOR UNREGISTERED SALE AGREEMENT WITH OUT TIME PERIOD MENTIONED......
Phani Kumar. D
(Expert) 16 September 2013
1) Either Registered or Un registered documents, the limitation is 3 years.
5) Limitation Act applicable for Unregistered documents of Lease, Sale or any agreements. The impotent point in this case is, if 'x' has not approached for repossession, and admitted the 'Y' possession, it will be treated as Adverse possession.
For rest of the questions, you better to consult a Civil Advocate.
R.K Nanda
(Expert) 16 September 2013
meet lawyer personally.
M V Gupta
(Expert) 16 September 2013
It is a bad transaction X had made. However as X had cancelled the agreement for sale for default in payment of the balance sale price, he should immediately file a suit for possession against Y and Z.In the suit he should apply for interim injunction against Y and Z from dealing with the property in any manner whatsoever. He should also intimate the Hyd Municipal corporation about his ownership rights over the property and not to deal with Y and Z. Better consult ur local lawyer for more details.
