• Land dispute

Respected sir, my name is anbu 23years back my father bought a natham poramboke land of 44cents and planted 20teak trees well grown fully fenced and in our enjoyment now sold person and my father both are no more sold person's children filed a case on me that they are claiming the whole land we are having only the agreement not yet registered my father paid the full amount on 1994itself what can I do please kindly reply thank you
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) sale deed should be duly stamped and registered to be admissible in possession

2) claim defence of adverse possession

3) since you have been in uninterrupted possession for over 12 years you cannot be evicted by the seller

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Deed of conveyance is required to be registered for being considered as valid.

2. Your father has not registered the said sale deed through which he had purchased the 44 cents of land.

3. However, you can file a declaratory suit praying for a declaration that as per the said agreement your father had paid the entire consideration but the seller, since deceased, has not registered the said land also praying for a direction upon the legal heirs of the seller to register a sale deed in your favour wherein you shall have to pay the stamp duty as per to-days valuation. If the legal heirs refuse to comply with the said order, the registrar may be directed to register the property in your nale as an alternative measure.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Keep the physical possession over the proeprty.This is very importnat.

2.If they do not get physical possession they will go to court.

3. When they will go to court hen you may take up your defence.

4.Till that time enjoy the possession.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Since your father had only entered into an agreement of sale with the original land owner, he cannot become the absolute owner.

Further if your father had paid the full sale consideration to the original owner, why then had your father not gone for registration of the absolute sale deed.

Was the possession of the plot given to your father at the time of signing of the agreement of sale, if so, for having been in continuous undisturbed possession for 23 years, your father can seek a declaration from a civil court that he be declared the absolute owner by way of adverse possession against the original owner and his legal heirs.

If the legal heirs have filed a suit seeking a declaration and possession, then you set up the defence as suggested above.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

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