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(Guest)

how long ekrarnama is valid.

my gradfather have 2 son my father and uncle. My grandfather sold parental property 20 bigah land in just 34000 rs in 2004 and signed ekrarnama. the person who purchased land paid all 34000 rs to him in 2004. but have not done registry till now and the property is now on my grandfather name only in records. the property was under loan of sbi when sold and my father have paid all loan afterword. today a person came who puchased the land in 2004 came with the ekrarnama (after 15 years) and told that my late grandfather have sold the property and he wants to do registry. my question is

1.can a person sell or purchase property which is under bank loan.

2.can a person sell parental property (land not earned by my grandfather and property is parental) without asking there son who are almost 45+year of age at that timetime when sold.

3. Can person claim property after 15 years with ekrarnama in which there is no signs of my father and uncle and only sign of grandfather and 2 gavah from purchaser side.

4. how long ekrarnama is valid when registry not done.

how can we save this property


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 2 Replies

Dr J C Vashista (Advocate)     22 August 2020

What are the terms and conditions of Agreement to Sell stated to have been executed 15 years ago by the vendor/ titleholder i.e., your grandfather in favour of vendee (purchaser) ?

Whether the vendee was informed/ aware about encumbrance on the property under sale ?

Whether sons of your grandfather (your father and uncle) did not consent the sale transaction ?

However, the property is still in the name of your father and his brother, if mutation has been sanctioned. 

P. Venu (Advocate)     22 August 2020

What is the stand of your father and his brother? It is their moral obligation to execute the conveyance and give the issue a decent closure.

The purchaser, though his long and continuous possession has already perfected  his title to property and the alibis, you have suggested, are of no avail.


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