sale deed remains valid from the date of its execution there is no time limit for the same.

Regards

This sale is meaningless and the transfer of this property by your father to this fellow is not a valid transfer at all. Since your father, the seller, isn't alive, you being the legal heir could replace your father in the sale deed and go ahead with the registration.

Though the sale deed has not been registered and it's been about 15 years, it's not stale and could still be registered.

If sale deed is executed but not registered then on the death of your father all his legal heirs are bound to complete the sale by regularisation of the sale deed.

In this case on death of your father all of will have to execute and register a fresh deed of conveyance.

Don't delay it any longer.

Yes, he could have bought the property from your father irrespective of the fact that a court case was pending at that time with respect to that property. However, this could have been done only in case, back then, no stay order(grated by the court) was in operation restraining sale of the said property.

If the deed is not registered then the same is not valid.

Also, if the land is sub judice at the time of purchasing the same then the same may be challenged subsequently.

Apologies for the previous advise, the facts were not clear. Consider this as my final advise on the issue.

Regards

Perhaps if so is the case(your father did not tell you about this sale, nor did this fellow immediately rushed to you after the death of your father informing you regarding this sale), you may resist the registration of this sale deed as of yet. In case he takes a legal recourse, you may accordingly plan your legal strategy.

1) sale deed is binding upon you

2) however to confer clear and marketable title to property registered sale deed has to be executed

3) if you refuse purchaser will have to file suit for specific performance

4) suit for specific performance has tu be filed within period of 3 years

You can refuse to execute sale deed

Let purchaser file suit

3) deny any such agreement was executed by your father

4) burden of proof is upon purchaser

Refuse to register any sale deed as case is still sub judice

Let purchaser file suit if he so desires

Hi

1) The buyer is deceiving you under the guise of unregistered sale deed.

2) Also when there are no witness to the unregistered sale deed, then it is totally invalid.

3) Also in your case, since the unregistered sale deed is of year 1996, the law of limitation will apply.

4) Even assuming for a minute that the buyer was honest, ideally he should have filed a case against your father before 1999(i.e within 3 years from date of sale deed). Now that more than 17 years have passed, law of limitation will come to your support and your buyer is legally prevented from making any claim on your father or his legal heirs.

5) Ask the buyer to proceed against you in the court of law and contest the same on points 1 to 4 stated above. .

6) For Your reference , According to section 54 of the Transfer of Property Act, 1882 (4 of 1882) right, title or interest in immovable property can be transferred only by a registered instrument.

7) In your case since the sale deed is not registered, Section 17 of Registration Act will come in to play.

8) For Your reference, The effect of non-registration of documents of transfer of immovable property is that if a deed of transfer of immovable property whose registration is compulsory under section 17 of the Registration Act, 1908 (16 of 1908), is not registered then, it will not be admissible in evidence.

Hope this information is useful

Sale during pendency of litigation and it's just that the buyer will have to abide by the decision of the court bas regards to the decision which the Court takes as regards to the said property. You may refrain entertaining this buyer and decide your course of strategy later, once he goes on to take a legal recourse against you.

According to section 54 of the Transfer of Property Act transfer of land must be made through registered sale deed.

if sell deed is not registered then party to the agreement to sale cannot bound other party 2 execute the sale deed. In this case you are not a party in the agreement to sale and after death of the party this agreement becomes infructuous and has no legal binding.

You may file a civil suit for cancellation of this agreement on the basis that party to this agreement has died. Court has power to cancel this element and preclude the party claim any right against legal heir.

You have no right to deny this transfer nor you should do this.That would amount to fraud and cheating which you must avoid doing this.

Complete the sale by making a fresh deed of conveyance and register the same as well.

1) wait for purchaser to take legal proceedings

2) don't admit your liability to execute any registered document in favour of purchaser

1. If an agreement to sell has been made then the buyer can make the legal heirs of the seller liable to execute the sale deed in his favour if the seller is dead, to this end a suit for specific performance can be filed.

2. The suit for specific performance can be filed within 3 years from the date on which the sale deed was to be executed by the seller.

1. That your father had not disclosed this transaction to you does not absolve you from the liability to execute the sale deed.

2. Any property that is sold or is contracted to be sold during the pendency of litigation in respect of it is governed by the outcome of the litigation.

1. It is not your fault not knowing the transaction made by your father, but this is also not an escape route for you.

2. Be practical in your approach.

1) it appears your brother had contacted money lender

2) check your father bank statement

3) whether any money has been transferred to your father bank account from

Money lender ?

4) whether money lender has any receipt for money advanced tu father as loan ?

5) whether original documents of property are with money lender ?

the suit for specific performance has to be filed within reasonable time which depends upon facts and circumstances of each case. (AIR 2009 SC 2157, .

2)Even if it is not of the essence of the contract, the Court may infer that it is to be performed in a reasonable time if the conditions are: 1. from the express terms of the contract; 2. from the nature of the property; and 3. from the surrounding circumstances, for example: the object of making the contract.

3)in your case property sold by father in 1996 . registered sale deed must be containing clause as to within x period regd sale deed is to be executed

4) if your father did not execute regd sale deed then purchaser ought to have filed suit for specific performance at earliest and not waited for 20 years

. Article 54 of the Limitation Act which prescribes the period of limitation for filing suit for specific performance reads as under:

|54. |For specific |Three |The date of fixed for the |

| |performance of a |years |performance, or, if no such date |

| |contract. | |is fixed, when the plaintiff has |

| | | |notice that performance is |

| | | |refused. |

49. Mere reading of Article 54 of the Limitation Act would show that if the date is fixed for performance of the agreement, then non-compliance of the agreement on the date would give a cause of action to file suit for specific performance within three years from the date so fixed. However, when no such date is fixed, limitation of three years to file a suit for specific performance would begin when the plaintiff has noticed that the defendant has refused the performance of the agreement.

Hello,

I do not why there is so much of confusion with regards to this point. Following is my advise and which is conclusive:

1. The sale deed is valid for the duration as prescribed in the said sale deed. There is a clause in the sale deed that within this much time the same shall be executed.

2. If the same is not executed within such time then the other person may file a suit for its specific performance, such suit can only be filed within 3 years from the date when the said sale deed was to be executed.

3. The said limitation of 3 years has been provided in Section 54 of the Limitation Act.

And sir it is my humble advise to enter into a telephonic conversation with some able lawyer on this portal to get answer to all your questions.

If he has purchased a land which is pending litigation then he will be responsible if the court passes an order against you.

The court can not pass an order for recovery of dues, you will get the benefit of principle of caveat emptor.

Regards

it is necessary to peruse various documents cited by you to advice

2)how was consideration paid by cash or cheque?

3)there is no bar to sale of property pending in court

4) if court had granted stay property could not have been sold

5)you need to engage a local lawyer to fight on your behalf

My father sold a property which is in court from 1992 in year 1996 and written sale deed that he had full amout from buyer for that land its not a register sale deed in 2003 he died now 2017 buyer came and asking us to regiister site to him till now we dont know about this transaction how many days does this sale deed is valied

If there is any sale agreement between y0our father and the buyer, you may verify the same and after ascertaining the facts, the legal heirs of your father can execute a registered sale deed in favor of the buyer.

Does we don't have any right to deny this deed because my father had not told about this with us they also not inform us till now ,is it legal buying property which is in court ,there are no witness in deed ,and deed is made on minor boy at that time kept his mother as guardian.do buyer don't need of checking of land before buying as only survey number is mentioned in it no boundaries are mentioned because still it is undivided property fighting for our share in court

If there is a litigation pending in court, then it will not be advisable to execute any sale deed even on any amount of pressure by the buyer.

If he is still insisting then you may ask him to approach court seeking a direction to execute this sale deed, if court decrees the same in his favor, then you can think about it.

Buyer clearly known that this property is in court its mentioned in deed clearly that after court judgment we would ask for registration but they are asking now it self ,case is still in pending ,does minor has rights to buy property,

The minor or major, the further transaction can be done on this property only after the litigation in the court of law is disposed.

Dont rush with any such decision under pressure, you will land in trouble if the opposite party files a criminal case for fraud

How do we are doing fraud we don't know anything about this deal from past 14 years ,is it our fault not knowing about this are there not telling about this to use,we kept hope on this land as it is use full to our feature studies and else ,do we don't have any right to deny it how law is created only single sine gives that much power to them and make use hopeless ,

Dont be frustrated over the developments.

If you dont find any legality in his claim, you need not execute the requested sale deed in his favor, ask him to approach court seeking the relief, you can vent out all your observations about the irregularity found now before the court while challenging his case.

According to this if I have any properties if some one kidnap me and get signed in sale deed and going to court it gives full rights to them correct na,there is no evidence on what basis my father sign it wither he may barrow amount for interest and have signed it we don't know he would have paid interest up to his death after his death they would have taking chance to grab property by this sale deed that buyer is money vender give money at 10 rupees interest

All these points are to be taken up during the trial proceedings in the court if the buyer opts to approach court seeking the relief of sale deed. You may direct him accordingly, to approach court.

,

Still no clarity some are saying non register sale deed validity is life long ,some r saying time limiting is there ,after signed person died how many days it is valid ,buyer is minor his mother is guardian ,property is in court till now

Since there is a litigation pending in the court in a dispute on this property, you remain silent stating that any decision can be taken only after the court case is disposed.

Let him take any legal action on this which can be challenged by you accordingly.

Sir does that man have right to buy property which is in court ,sold person died in 2003 at that time they had not informed us ,they should inform to legaliers are not,he clearly known that property is in court as it is mentioned in deed how he pays full amount for litigation land at single time ,if we loos that property in court how he would recover money does again court give judgment in favor of him saying give his money back ,and finally we don't have any right are choices to defend this we are hopeless and helpless that's why I am asking here that r political people no lawyers are ready to face them so please help me

Since the property is under dispute in a court of law, you need not bother about it now.

Whether you lose or win the case, any further transaction about the property can be done only after ascertaining the facts involved in the sale agreement properly.

You cannot just like that blindly execute a registered sale deed in the basis of legal heirs without any valid proof.

So better take the advise of a an advocate and give them a notice on this if they pressurise you in this any further.

1) if there are differences in survey number , property measurements you can alawzys take the defence that it does not cover your property

The registered rectification deed shall be the best solution to this

For this rectification deed you need not pay any more stamp duty since the original stamp duty is already paid.

Let the court decided the issue in hand.

Best of Luck

Regards