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Mahesh   26 June 2018

Legal option incase of untraceable seller

Hello Legal Experts,

I have a situation with the agriculture land in Andhra Pradesh,

My Father purchased the agricultutal land and recieved all the orignal Document, passbook, link documents, etc and we do have the agreement stating the seller has recieved the money. the however my father didnt perform the sale deed registration.

Currently seller has expired and his legal heirs are not traceable, and my father has also Expired.

What are my options with the Subregistrar/District registrar to register or  should i file a civil case  as per Sec.73, 74, 75, 76 & 77 of Registration Act 1908 to get the property registered in our name. Please advise for any better alternate solution.

Thanks & Regards

Mahesh G



 4 Replies

G.L.N. Prasad (Retired employee.)     27 June 2018

I understand that AP Govt has come out with a  GO for facilitating that registrations once  to regularise earlier violations.  Even if it is on white paper, it can be registered.  If you have been enjoying possession over 12 years, just seek for adverse possession through advocate.  Year of acquiring and present enjoyment are deciding factors.

In the past to avoid all this troubles, they used to get bonafide title deeds either through gift deed or through registered will in the name of nearest relatives / legal heirs..

1 Like

Mahesh   27 June 2018

Thank you Sir, 

"I understand that AP Govt has come out with a law for facilitating that registrations once  to regularise earlier violations." heard it is applicable incase if the land is less than 3 acres, thats what i heard when i enquired VRO.
 

Can you please guide me how can i get them registered, as i do have the stamped Agreement. Can i approach the sub-registrar office or should i still  have to prove them adverse posession and register via court order. 

SHIRISH PAWAR, 7738990900 (Advocate)     10 July 2018

You have to file suit in civil court for adverse possession. Contract local advocate for registration and filing of civil suit.

 

anil kumar (service)     22 August 2018

Mr. Mahesh,

The provisions of Sections 71 to 77 of Registration Act, 1908 of Part XII with sub-heading "Of Refusal to Register" are not at all attracted to the facts of your case. Right to sue for specific performance of Contract of sale survives in favour/against the legal heirs of deceased seller and buyer subject to Law of Limitation. Therefore, a suit for specific performance to compel the legal heirs to execute sale-deed in favour of plaintiff/legal heirs of purchaser is maintainable. For the same, atleast one of the legal heir shall have to be joined as defendent in representative capacity and in case of decree passed in such suit the Executing Court will execute the Sale Deed in case of default by the judgment debtor. Since facts are sketchy you may consult a good civil lawyer for the purpose.

 


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