unregistered agreement to sell

File a suit for specific performance after giving notice

in 1997 we buy this plot for rs. one lakh fifty thousand rupees and constructed a two and half storey house on this vacant  plot.

today the total value today as per govt. circle rats is fifty on lakh rupees.

how much court fee we should hve to pay for filing a suit for specific performance for this property??

Who's said title is not clear. If you have a registered will in favour of your mother than title is ok till there.

Now you all the legal heirs of your mother(like- father, son daughter) are joint owners of the property.

Make a registered release deed in the favour of one legal heirs execute by another legal heirs / or / file suit in court for Succession Certificate(from this the all legal heirs became legally owner through court) / or / apply for Mutation Letter (Name Transfer) in concern department (i think the department have no problem for issuing that letter in favour of all legal heirs)

Now i think you may not face any difficulty. If the seller make an illegal activity himself then you may go to police.

OK

my mother bought it from first attorney holder and not from allootte.so we were second attorney holder..the first attorney holder did registration deed in the name of owner (allotte).

so now today as per papers allottee is the owner...and first attorney holder can sell it to any one as registered salew deed as he is empowered by power of attorney....

both the parties are blackmailing and demanding huge amout to register a deed in our name...

can we not get the ownership by the fact that we have the possession of the property from last 13 years...

Dear Mr. Kapil Sharma (Advocate)

You don't seem to have understood the problem in its entirety.

A will (whether registered or not) will come into operation only after the death of the testator.  In this case the Testator is alive.  A Will will become inoperative when the person in whose name the will is given predeceases the testator.  Further, a Will can be revoked by the Testator at any time. 

So, when the title of the mother itself is in question, the inheritance by her heirs is inconceivable.

Mr. Deeksh*tulu, I wonder who will file the suit for specific performance.  The person who bought the property some 13 years ago under power of attorney is not available any more.  She ought to have asked for execution of the Sale Deed.  Having not done so, is there not any limitation for seeking 'Specific Performance'?

Mr. Tyagi (you seems to be a Telecom employee) at best you can rely upon 13 years possession to claim title due to 'adverse possession'.  Do not approach the seller at this time.  Keep quiet for some time.  After 2-3 years file a suit for declaration of title (in your names).  It may take time, but the other party would not be in a position to do anything to you.  Similarly, till such time you have clear title to the property in your names, you would not be able to dispose off the same.  But there will not be any difficulty in continuing to live in the property.

thanks mr. ramachandran for for your advise. you studied my case seriously...thanks ones again for your valueable advise.

 Mr.Ramachandran garu  given correct solution/remedy at right time.

and iam requesting my other brothers  please go through the case/problem then only response .

.regards,

Ramratan Reddy.K