adilakshmi (gm) 06 February 2010

sale of land on non rigistered agreement

I Adilakshmi sold 1 acer of land on 1998 but not rigistered. I entered into the agreement and have given the possession of the land to the buyer in the same year. The agreement is not rigistered.At the agreement time the buyer has given me Rs.97000 but total amount is Rs.100000. The main condition on the agreement is to register the land after paying remaining amount. Buyer of the land did not give the remaing amount. Is the buyer has any legal right on the land and how can i repossess my land and cancel the agreement???

the terms and conditions of the agreement are as follows:

1. Agreement is not rigistered.

2. I have given immidiate possession to the buyer.

3. Agreeement is due agreement. (Rs.3000 buyer has to give me)

4. After Paying the remining (i.e.,Rs.3000) money i have to register the land to the buyer.

5. No time limitation.

6. After paying due amount (i.e.Rs.3000) whenever the buyer asks i have to register.

I sold it to Rs.100000. the value of the land now is 7000000. can u tell me how i repossess my land as it is not rogistered???

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6 Replies

R.R. KRISHNAA (Legal Manager) 06 February 2010

You can claim back your property. You have to file a suit for possession before the civil court.

But first issue a legal notice stating that since the buyer has failed to pay the balance consideration, the sale agreement made on 1998 gets expired by virtue of non performance and lapse of time and call upon the buyer to deliver back the possession of the property . If the buyer refuses to comply to the legal notice you can file a suit for possession.

Lilly rose (n/a) 06 February 2010

If you send a legal notice claiming the balance of Rs.3,000, you will get a cheque immediately, since the buyer wont mind paying it due to steep increase in the land price. Your problem will be solved. Moreover since there is no clause time is the essence of the agreement, he may send you the cheque even after a long gap and demand registration by you.

VIPIN SHARMA, ADVOCATE, JAIPUR, Mob. 09610000043 (Advocate) 07 February 2010

Since possession is delivered so it is necessary that the document should be registered. Without registering, it is not admissible in evidence and no rights passes to vendee.

Vipin Sharma, Advocate

337, Akron ka Rasta, Kishanpole Bazar, Jaipur-302001

Mob. 09610000043

Darshan Sharma (Lawyer-cum-detective) 07 February 2010

The sale agreement made on 1998 expired by virtue of non performance and lapse of time as pointed out by Shri R.R.Krishna. File a suit for possession before the civil court.

D.D.Sharma, Advocate

9212288565

m.arunprakaash (advocate) 12 February 2010

Contract of sale of immovable property is not barred by limitation.

Seller can claim protection under Section 53A of the Transfer of property Act 1882.

Also he can take a defence of ADVERSE POSSESSION.

Intention of the parties is very important. Since the VENDOR has received 97% of the consideration her intention is to give away the property.

Registration is a mere procedure.

m.arunprakaash (advocate) 12 February 2010

In contract of sale of immovable property time is not the essence of the contract unless untill there is a stipulation of time is the essence of the contract.