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Rahul (MAnager)     18 April 2010

15 year old unregistered sale deed

Hi,

I have a brief question, I had asked once earlier but got very confused.


Our house was purchased on a sale agreement which is to date unregistered.

We have possession for last 15 years, the sale agreement mentions handing over of possession.

We have the flat in our records in mutation and also paying property tax for 15 years.

My question is that if the seller gives me a fresh PoA can I get the 15 year old sale agreement registered ? It does not have a listed time bound on it.


My understanding is that if seller refuses to give fresh PoA for registration and transfer I cannot file a performance suit since the agreement is 15 year old.

Also, our roof has a watertank and according to agreement we can use it for antennas etc. , my neighbours who own terrace rights have a similar clause in their terrace rights agreement. They have encroached on common area (locking off stairs with gate) and do not allow me to access my watertank. Can I explore a suit based on the unregistered agreement ? or will I have to do it on the basis of easements act ?

Sorry for the long question, but my family is having a very harrassing time  , thanks in advance for help.



Learning

 14 Replies

H.D.Kumaravelu (Advocate)     18 April 2010

 

 

Sir,

The agreement is based on part performance. Under law agreement of sale needs no registration.  If  the  owner gives you POA you can register a sale deed itself instead of registering your agreement.  You have a right to file a suit for injuntion against your neigbour for mandatory injuntion to remove the locks and also for injuntion not to disturb your peaceful possession.

Kuljit Pal Singh (Legal Professional)     19 April 2010

Dear Friend,

As per the Registration Act u have to register the property within 4 months of sale.

For water tank u can file case under easement Act only.

Regards

Rahul (MAnager)     19 April 2010

Thank you sirs for your replies.


Can you tell me a little about mandatory injunction for access to common areas and removal of encroachments ?


@Kuljit Pal Singh sir - Is there no way out of this mess ? Do you mean to say the sale agreement is void despite me having paid the builder and having possession for 15 years ?


How do I get the house registered in my name ?

Kuljit Pal Singh (Legal Professional)     19 April 2010

Dear Friend,

U can register the sale deed by paying penalty and interest on stamp duty, but the presence of the seller is required for the same.

Possession is the prima-facie proof of ownership but sale deed clears the title of ownership.

Regards

Badal Dayal Advocate (Advocate)     19 April 2010

As per Section 17 of the Registration Act, Agreement to Sell is not mandatorily required to be registered; however, suit for specific performance is barred by the limitation act. You can access your water tank by filing suit under easement act and may further file a suit for mandatory injunction under section 39 of specific relief act. Moreover you are also protected under Section 53A of transfer of property act.

V.G.Rao Advocate (Advocate)     19 April 2010

Well Rahul,

In my opinion the agreement of sale coupled with possession is compulsorily  to be registered, and regarding limitation to register regular registered sale deed, i would like to know is there any time clause in ur agreement of sale for registartion of sale deed. if no time is stipulated, as per law the time for registration starts to run from the date of agreement of sale.

m.arunprakaash (advocate)     24 April 2010

For claiming relief under section 53A part performance of contract your agreement is valid. Only  agreement entered after the Registration Act amendment in 2001 shall be registered one.

Rahul (MAnager)     07 May 2010

Sorry for the lates response, thanks to all who responded.


As I understand section 53A seems to be our best bet, it sounds like a protection measure, can I use it to get the transfer completed in my name ?

Also, for the easement act suit and part performance suit, can I file a case in high court or district courts only ? In which case shall the verdict come faster ?

m.arunprakaash (advocate)     07 May 2010

File declaratory suit at  the concerned civil court.

Rajeev Doharey (Student)     20 May 2010

Well dear.

I think after 12 years of possession you get the right over the property and you don't need any agreement of sale or sale deed to file a suit.

You can file a suit in your own right as the owner of the property because you get an absolute right over any property if you continue in unhindered, peaceful and effective possession for 12 years. This is known as ownership by adverse possession.

m.arunprakaash (advocate)     21 May 2010

to claim adverse possession the possession should be an uninterrupted hostile possession and should not be a permissive possession.

Rajeev Doharey (Student)     21 May 2010

Oh yes...

You are right. You cannot claim adverse possession when it is permissive possession.

Trilok Nath Saxena (Lawyer)     15 October 2010

Contact a good lawyer in your district head quarter practising on civil side and tell him your problem, he will deal the situation and do the needful action. Question after questions will not solve your problem, appropriate action is required to be taken and i think for action to get acess to roof top you have appropriate documents to maintain a suit. Sorry! if you are lawyer than again is my advise to take appropriate advise from civil side practising lawyer of your district.

Yours

T N SAXENA

sunil (PROPRIETOR)     14 August 2012

useful post and replies

thanks to all lawyers


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