Validity of aggrement of sale


My father bought a land (paddy feild) in 1981, he took aggrement of sale and position of land from the land owner but my father didnot register the land in subregister office. we are cultivating that land from 1981. so my question is, the aggrement for sale paper is valid till date or not?. what should i do to register the land?
 
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Retired Manager

Whether the original Owner is alive? Or his legal heirs available? Who has been paying the taxes?

 

 
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agreement of sale with possession is your defence. though the real owner did not register the said property, but you are in possession basing on agreement of sale with possession. If the true owner dies you can ask the legal representatives to register the plot. Before filing the suit you have to give notice which is mandatory for specific performance suit, otherwise the true owner cannot claim title since already the said property is in your possession since three decades. You just change record from goverment authorities basing on your possession. If you want I will provide citation.

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

 
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Retired Manager

Any agreement is valid for 12 years. In your case it is almost threetimes that period. It is not known what was written in the agreement. Whether the Sale Consideration was mentioned in the Agreement. Whether the amount was paid in full and the fact of the payment clearly mentioned? Whether the Agreement was properly Witnessed?  Was there any dispute between your Father and the Vendor then?

 

Without the above facts, it is risky to go ahead and give notice to the Vendor or his Legal Heirs. It may end up in litigation. If the sale consideration was not paid the amount in full, Vendor/Legal Heir may dispute the sale consideration and demand more amount as per present rates. I am of the view it is better to leave it as it is.


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Thank you for the reply Sir.
Original owner of the property (who sold it to my father). Original owner and their family migrated to other state from our village. I am not able to find them and i think it is risky to contact them because they may ask money to register as the land prices are abnormally increased. Note: Nobody is paying taxes for that land. So what should i do? please kindly answer sir. thank you.
 
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Retired employee.

In normal circumstances if the lad is a registered one with the name of owner with sub-registrar, you can not claim any rights, as there is limitation period and mandatory notices required for specific performance suits.  Be loyal and consider their rights of ownership and compromise for paying a good price as the agreement to sell entered previously can not be enforced in court of law.

 

 
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Agreement of sale with possession delivered law is changed in the year 2001 as per registration act and to act. But your agreement is before 2001. You no need to worry. You will succed if you file suit with the above agreement.
 
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Not to act it is T.P.Act
 
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Thank you for the reply sir. The aggrement document that i posses is done on a white paper with 15 paise revenue stamp on it. The owner of land (who sold to my father) finger printed on that stamp. So my aggrement is not done on stamp paper (ex: 100 rs, 50 rs etc.) So my question is, The aggrement is valid or not in court or as per law?
 
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Even it is written on white paper it is valid. To admit the document court will collect stamp duty and penality . if you want I will provide judgments. V E Manoj Kumar
 
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