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