Mohan 20 April 2018

Sub register denied to register a property

Hi All,

I paid advance to buy a agriculture land which is located at villupuram distric(comes under village panjayath).

Person "A" and "Z" are brothers. It seems "A" got his partition from "Z" around 50 to 60 years back.

Person "A" mortgaged his land to Person "B". Since person "A" failed to pay the mortgage to person "B" and "B" filed case in court. The property belonging to the "A" was sold in court auction in execution proceedings. The suit property herein (one acre and ten cents of agricultural land) was purchased by the person "C" (He don't have any blood relation to A or B) in the court auction. The delivery of the suit property was given to auction purchaser as per court order.

It was happened 20 years back.

After some time person "C" (auction purchaser) sold the property to person E (He is son of person "A") and later person E sold the property to person "F" (He is another son of A). I mean person "E" sold the property to his own brother "F".

Now person "F" trying to sell his land to me and I checked all the doc they are very clear. But now the problem is one of person "A" brother's son (Person "Z" son) given petition to sub register to stop the registration(He claims that court auction land was in his father name 50 years back ). The sub register keep postponing the registration telling petition.

Does any individual has power to stop registration of court auction property just giving petition to sub register? Shall "F" contempt of court against the sub register or person who given petition?

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 20 April 2018

Considering facts presented by you, sub register cannot delay registration merely by receiving some vague and absurd petition from someone.

You can contact lawyer from your locality that will help you in registration of land.

Technically Sub register has no ground to delay register as per facts presented by you.

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Master Warrior (AOR) 26 April 2018

A petition to the subregistrar has no value unless it is accompanied by a court order.

I'm assuming that each transfer/sale after the auction (sale to C, then E then F) was registered? If so, then there should be no reason for the subregistrar to deny or delay registration.

If person Z's son has a even remotely legitimate claim, there's a few issues for him:
1) If property was split 50-60years ago, and is next to Z's property, well why did it take 50-60years to do something?
2) Again if his claim is true, then how did A get papers and documentation to get a loan on the property?
3) IF there is in fact a legitimate claim, it would be against A, or at worst case against the lender who auctioned the property and not against the current owner.

This is of course assuming the property is fenced and has a house or some sort of structure on it and showed occupation not just vacant land. In any case, the subregistrar is unnecessairly delaying the registration.

1 Like

Mohan 01 May 2018

Originally posted by : Master Warrior
	A petition to the subregistrar has no value unless it is accompanied by a court order. I'm assuming that each transfer/sale after the auction (sale to C, then E then F) was registered? If so, then there should be no reason for the subregistrar to deny or delay registration. If person Z's son has a even remotely legitimate claim, there's a few issues for him: 1) If property was split 50-60years ago, and is next to Z's property, well why did it take 50-60years to do something? 2) Again if his claim is true, then how did A get papers and documentation to get a loan on the property? 3) IF there is in fact a legitimate claim, it would be against A, or at worst case against the lender who auctioned the property and not against the current owner. This is of course assuming the property is fenced and has a house or some sort of structure on it and showed occupation not just vacant land. In any case, the subregistrar is unnecessairly delaying the registration.

Dear Sir,

Thank you for your time!

The good news is that finally the subregister sent all the document to his govt lawyer for legal openion. She accepted legal openion from his govt lawyer and registered the property on 27th-April-2018. But still it seems "Z" son (the person who given petition to subregister) giving pressure to subregister to cancel the registration. He is telling he will escalte to IG register.

With the above update, let me answer some of your previous replay questions:

I'm assuming that each transfer/sale after the auction (sale to C, then E then F) was registered?

Yes. That is true. Each transfer/sale after the auction (sale to C, then E then F) was properly registered with same register office. The "Z" son is one of my relative and we don't speak each other more then 10 year due to family conflict. So Z son thinks like this is right time to revenge us by doing all this non sense. He aware of all the previous transfer but he never raised any complaint.

If property was split 50-60years ago, and is next to Z's property, well why did it take 50-60years to do something?

The only reason he is doing all this now because he don't want to allow us to buy any land near my place and he don't like our growth.

IF there is in fact a legitimate claim, it would be against A, or at worst case against the lender who auctioned the property and not against the current owner.

Today both "A" and "B" no more. They expired very long time back. Z's son intintenely doing all this against me because he want to give trouble to me and using this as opportunity. I don't know how to bring this to court of law or police.

That is why I was checking possibility of filing contempt of court?