Kishore 28 April 2023

Sale deed v/s conditional sale deed:

I purchased some land in 1979 through registered sale deed, in the sale deed the seller mentioned to clear certain mortgage debts he owes to some parties and collected the remaining amount of the money from me. I cleared the debts whenever the claims came as per court schedule.

Now after 40 years the seller grandchildren are claiming the possession of the properties and they are claiming the initial sale deed is a conditional sale deed and not an absolute sale deed so the title still remains with them. Coming to the debts they claim after 40 years the debt claims became barred but I did not pay the money to the debtors. In reality I cleared all the debts.

The grandchildren of the seller tried to register a partition deed in sub registrar office, but the sub registrar rejected the partition deed stating that the above land is already sold 40 years ago to me.

Real estate mafia is back of these people and playing the game and using all the force and tactics.

What remedies I have. Do I need to approach court for title declaration?? Then I have to pay huge court fee. Please advise what remedies I have.

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 28 April 2023

You don't have to do anything to enforce or establish your title.

The property was purchased around 4 decades ago and the same is in your possession and enjoyment ever since, hence any claim made by them is not legally valid.

If at all they want any remedy through court, let them adopt legal process which can be challenged properly.

You should not unnecessarily approach court for declaring your title because the property is already on your name by a registered title deed and you are also having possession of the property ever since the purchase, hence no claim for the property is maintainable, let them approach court, they will be fighting a losing legal battle in case they resort to any legal action through court with a vexatious claim on fictitious ground

P. Venu (Advocate) 28 April 2023

Yes, the facts posted suggest you have clear title. There is no need at all for you rush to the Court.

Kishore 29 April 2023

Thank you very much for quick response and valuable suggestions from kalaiselvan sir and Venu sir. As I am staying with my daughter far from the land, the land mafia is trying to take possession of the land and threatening they will file the suit in court if I don't sell the land to them with 1/4 rate.

These people are local rowdies and have connection with local political parties and political people work for settlements. What should I do if they try to show they are in possession in the court. I do have the residence documents since from the day of purchase.

P. Venu (Advocate) 29 April 2023

How is the property being utilised?

Kishore 29 April 2023

Respected Venu sir,

When my husband was alive he constructed a house and also utilizesed the property for commercial activities like running a mill, i do have all the sales tax related documents towards the business and some of the land was used for cultivation. After my husband's death from past 5 years the property is idle. I also sold some of the land few years back. But from past 3 years from corona time i am not at the property place. Land mafia used this opportunity and creating the problem.