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Praveen Kumar (er)     31 May 2011

Validity of Agreement

Dear Sir,

My father purchased 9 acers land in Guntoor, AP at 30,000 per acer in 1995. But the land is not registered till now and the land owner/seller died few years back. There is no agreement between them except small slips/ piece of papers on which the seller has written about the received money and signed and No date mentioned on it.

My question is whether the slips valid now? Please also help how to deal this. I whould be grateful if you whould help in this regard. I need your help before going to sellers family members.

Thank You for the help.



Learning

 6 Replies

niranjan (civil practice)     31 May 2011

After payment if the possession is given toyour father,that would be part performance of the agreement and you can ask them to execute the sale deed. If that receipt of money can be related to sale of land with possession,they  could be relied upon.,

Shashikant V. Patil (Lawyer)     31 May 2011

Dear Praveenkumar,

Since there is no agreement, question does not arise of its validity.  Moreover, you have not mentioned about its possession.  It possession is yours , you may take support of Adverse Possession over the property, which is valid in the eyes of law.    The slip which you  state about is no  more valid. Its a mere piece of paper.  You can see the first land record, whether the names legal heirs of  decesed are entered or not ? the same has to be clarified first to take next course of action.

ambrish (service)     31 May 2011

You have to take shelter of  'adverse possession' and bring a suite of declaration of title on your name before competent civil court.....

Read more about this on www.advocatelive.com

Regards

1 Like

prabhakar singh (advocate)     01 June 2011

9aceres of land suggests it was agricultural land.so what about record of rights, have you ever cultivated it and has ever possession surveyed in your favour???????????????what about his heirs???? ARE they there???? these are the details desired and warranted before one jumps to any conclusion. that slip even if goes proved can show that HE took MONEY,and NO MORE,rest would be story,merely becase the slip relte to a date of year 1995, any story of adverse possession can be set up BUT CAB BOT BE PROVED ,TO MAKE A PERSON OUT FROM HIS LAND BY HOSTILITY ON PART OF CLAIMENT REQUIRES SOME GOOD DGREE OF PROOF.

so DIsCLOSE MORE FACTS to have more proper  opinion.

Praveen Kumar (er)     01 June 2011

Thank You Very much for your help.

We are in possession since one year, two years after the death of the land owner.

His heirs are not stay in the village since 4/5 years. Two years back their heirs with villagers called my father 3 times to settel the issue but my father neglected and did't attend there.

Thank You again for the help.

Praveen Kumar (er)     01 June 2011

We are in possession since one year, two years after the death of the land owner.

His heirs are not stay in the village since 4/5 years. Two years back their heirs with villagers called my father 3 times to settel the issue but my father neglected and did't attend there.

One more thing, my father didn't pay the full amount  as agreed, ie, He just paid  2,30,000 out of 2,70,000.

 

Thank You all for your help.


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