qwaja (owner) 27 February 2014

Unregistered sale agreement

respected sir,

we bought an agricultural land of 0.80 cents for 416000rs on 18/02/2014 we paid her an advance of 200000rs she belongs to a scheduled caste she gave us an unregistered possession agreement on 10rs stamp stating that we have full rights on the property and she will register it to us within a month.now she is refusing to do so and she is demanding us to pay 1 lakh more.

1.she and her husband kept their thumb impressions on an empty 100rs stamp.

2.we recorded a video of her and her husband agreed for registering and receiving of money.

3.she didnt give us original sale deed instead she gave us a duplicate pass book copy which is similar to original copy it is mortgaged in village society this is mentioned in the pass book which she gave us.

4.can i file a case against her?is my unregistered possession agreement valid in the court of law

5.will i get the right justice how long will it take or should i pay her demands

6.what are her options and what will be mine.

7.what if she has given an unregistered agreement before me to someone else.

8.govt valuation of the property is 200000.

9.can she sell the property to others while the case is pending.

what should i do now pls help me with this big trouble.

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6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 February 2014

sale agreement is in the nature of agreement to sell, there is no need to get it registered and the registration can take place at the time of executing the sale deed.. But if the sale agreement, as the name suggests, amounts to transfer of property, you will have to get it registered.

qwaja (owner) 28 February 2014

thank you for the reply sir i didnt understand this part {But if the sale agreement, as the name suggests, amounts to transfer of property, you will have to get it registered.} can i file case against her.is my agreement valid in the court of law, will the court ask her to register the property to us with the evidences we have.

T. Kalaiselvan, Advocate (Advocate) 02 March 2014

The unregistered sale agreement is not recognised as a valid document by court, there is a supreme court ruling on this. If she is refusing to sell it, you may file a suit for specific performance of contract with an alternative prayer for refund of the advance money obtained by her, this will solve your problem.

Pooja (Managing Director) 07 March 2014

Dear Sir,

We have a registered sale agreement in my fathers name, but sale deed is not there, my father expired last yr , wat is the solution for this. how can we transfer it to my mother name or sale it ??? plss suggest

adv.raghavan (Advocate,9444674980) 09 March 2014

MS.Pooja,You did not mention when the agreement was entered, what was the total sale consideration and how much consideration was transferred to the seller and if there is any thing remains unpaid.

Pooja (Managing Director) 19 March 2014

Dear sir,

sale agreement was entered in 1983, total sale consideration was 10500 which my dad paid, and the seller has also given affidavit telling that he is unable to execute sale deed due ban of ragistration to some survey no. problem.how to sell this property can u suggest,,