General power of attoreny

Agreement of sale is not a tittle deed. 

yes the agreement is named or titled as Sale Deed,

I am elaborating the scenario for better understanding

Scenario:

Person A: self owned property

Person “A” sold an agricultural land (Revenue site) to a Person “B” in 1983 with a legal sale agreement. Registered in sub register office in their ledger book. Proper registration could not be made as registration of Revenue site was not allowed and person “B” was asked to wait up till the Revenue site comes into corporation or Development authority. In 1996 the property was recognized under Corporation as well as development authority, since Person “B” does not have proper sale deed/ gpa or registration, Person “B” is not able to sell the property or transfer the same to his/ her Kids.

Condition:

Person “A” whereabouts are not known such as he/ She is alive or not.

Question:

Is it possible for Person “B” to register the property to Person “C”? If so, please write in brief how this can be achieved.

if possible please share you contact details

:-)

Regards,

Ashok Kumar

Hi,

It is obvious that an agreement for sale will not confer title to a person.  As such any person who is holding an agreement for sale shall request the owner of the property to transfer title by way of a registered sale deed.  If the owner of the property is no more then the person holding the agreement for sale can approach the deceased's legal heirs who can execute a sale deed.  Even if the legal heirs did not come forward  for execution of a sale deed, then the person holding the power of attorney can sue the legal heirs for specific performance before the court law if his claim is within limitation period.

Vinoba. L

Advocate,

Pondicherry.

Hi Vinoba,

First of all thanks for your valuable answer. Another small clarification.

What would be time duration for this entire proceeding?

Regards,

Ashok Kumar

Hi Ashok Kumar,

The Period of limitation for filing a suit before the appropriate court is 3 years from the date on which the period mentioned in the agreement for sale for performance of contract lapse.

L. Vinoba

Advocate,

Pondicherry.