Property related


Hello,

My father got a property in 1989 from a window lady who doesn't have any kids. As the "house patta" was delayed by the government, we paid all the amount (made a sale agreement with the lady) and waited for the goverment to provide the document. Last year gorvernment announced that the document can be collected by paying some extra money. We paid the extra money (because as per the sale agreement, any extra cost should be beared by us) and collected the receipt in the owner's name. When we went to the owner's home to take her, collect the documents and register under our name, it was devastating news that she is no more. Under these circumstances what can we do? (as the government will provide documents only in the original owner name).

We also heard that some of the lady's auntys kids (since the lady dont have immediate kids) filed a in case in court that all of the lady's property should be inheritied to them. Also, it seems that one of them went and apprached the govt office to provide the patta of the house in their name. But the officer asked for legal certificate that she is the successor.

Given the situation above, can someone please assist me in this regard.

 

 
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practicing advocate

You issue the legal notice to her as if you don't know anything about her death, after receipt of unserved notice, you file the case in the court.  When suit summons will be received with a belief report that she is no more then you file an application u/o 5 r 20 if any body or legl heirs of the deceases have got any objectons........

About the paper publication your advocate will do it.

 
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Thanks for your kind reply.

We are living in the property for more than 22 years now and have a sale agreement made with the lady in 1989. All of the property taxes and even the last settlement amount to the government was paid by us - but the receipts are in lady's name. However, we have all the original receipts.

My concern is, we have sale agreement. But not a sale deed or registration done. Whether the lady's relatives (who is claiming as the lady's successor now) can now go to the govt office and get the patta in their name. Even if  they get it, is it valid? as the property is already sold to us.

Please advice.

 
Reply   
 

1. File suit for specific performance other wise you will loose property

2. Sale Agreement does not create any right on you for that property

there are more complicatiion either call me (+919928110336) or go to some advocate

 
Reply   
 
practicing advocate

1989 agreement of sale!  It has lost itz validity, now you cannot claim.  For specific perfomance of suit limittion is 3 years.  Here AOS is of 1989 and 3 years are already lapsed.  No use.

 
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She couldn't register under our name because the govt wasn't releasing the documents. We were paying all of the taxes for all these years. In the sale agreement - its clearly written that she sold it to us, but, she couldn't get it registered to our name due to the delay from govt end. As soon as it comes, she will register it under our name w/o any delay. Even the last amt that was paid 6 months back was by us when she is no more.

 

Does it mean the AOS should be done every 3 years?

 
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