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Suraj (aaaaa)     30 March 2010

Sale agreement after the death of the seller

In 1981, my father purchased a land for Rs. 10,000 and it was properly registered. In 1992, for road purpose, he purchased another land for Rs. 25,000 and it was properly registered. He was expired in 1995.
At that time, my age was 13 and my sisters age was 10. My mother, my sister and I does not know about these lands.
In 2010, a person approched and showed us a sale agreement saying that these lands were sold to his father by my father in 1994 and demanded for registration.

Here are the details about the sale agreement:
Sale Agreement Date: 01/10/1994
Sale Agreement amount: Rs. 15,000
Sale Agreement Status: Not registered.

On the back side of the sale agreement the payment details are written that is paid amout, paid date along with my father's signature (I don't know whethere it was forged or not). Along with the sale agreement one blank paper was pinned and in that the land was handed over to his father in 1995. He said, in 1995, he built a small shed in that and living in it.


After that I enquired about these lands and found that those are belongs to me. The government value for these in 1994 is more than 1 lakh.

Can you tell me how can I reposses my land?


 



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 5 Replies

Arif Iqbal (Advocate)     30 March 2010

As per transfer of property act as well as registration act, a sale deed transfering a immovable property is compulsorily registrable. However if your father's name is registered in respect of lan concerned in the land & revenue department, then you and your family do have some right and interest in the property. You should consult a experienced civil practiotioner with all the relevant papers, for a proper approach in the matter

bhagwat patil (Property due diligence 9422773303)     30 March 2010

who is the possesser of the land? ur family is the owner of the land .in which state hte land is sitiuated?

Suraj (aaaaa)     31 March 2010

This land was situated in Andhra Pradesh.

Suraj (aaaaa)     31 March 2010

Thanks for the reply.

This land is sitiuated in Andhra Pradesh and the sale agreement was written on Rs 20 stamp paper and not registered. Actually the person who demanded for the registration is one of the son of the person metioned in the sale agreement. The person mentioned in the sale agreement is also alive and he has two sons and two daughters.

Is there any chance to file a case against us by them for registration?

And also tell me how can I get those lands?

Suryanarayana Tangirala (Advocate)     01 April 2010

Do u have the original Sale Deed executed in your fathers name of the said land pertaining to the Plot?Can u identify the Plot?if  yes is the answer for my queries let the man file a case n u dont worry,as told by him if there is a structure put up shed orwhat ever is put up by that person and is given a door number by assessing property tax with municipal or panchayat authorities file an objection with them,file a case for possession to get back the possession,u need a Lawyer for the same consult one with EC and other material papers if u have.
 


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