• Agriculture Land Dispute

Dear Sir,

My Father has brought Agriculture Land 7 years ago (i.e., 1st Jul 2010). He passed away in Mar 2017.

We have checked the Land documents and it is found that there is No registration done, but there is an agreement found in Bond Paper where Land Owner signed on 100 Rs stamp Paper.

Actually Bond agreement is written in the Name of Seller Wife (though Land is in Name of seller)and got signed by Seller and Buyer.

Seller has registered the Land in his 2 Daughters Name in Jun 2017 (Daughters are married)

Now he filled a case against us telling we have occupied his Land.

However Land is in our possession from Last 8 years. Now We got signed from 2 of the Land Neighbors that we are doing Agriculture.

Could you please advise.
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

You don't have clear and marketable title to the property

2) to confer clear and marketable title to property regd sale deed has to be executed by seller

3) mere execution on Rs 100 bond paper does not confer any title to property

4) in case seller files suit for possession take the defence that full consideration paid to seller

Ajay Sethi
Advocate, Mumbai
99787 Answers
8147 Consultations

1.Since no registered deed of conveyance was made the sale was not complete.

2.In that event you will have to file a suit for specific performance of contract agaisnt the seller.

3.In the suit the court can either direct the registration of sale deed r return of your money with interest.

4.in your suit you can seek injunction also so your possession and enjoyment of the proeprty is not disturbed.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hello,

Since there is no registered sale deed of the particular land in question therefore you do not have a clear title of the land, Rs. 100 bond paper does not give you the title of the land.

Since possession is the nine point of law and you have been in possession of the land since last 7 yearrs therefore you may now file a suit for specific performance against that person.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since he has filed a case against you to evict you, you have to defend your interests in the property.

Also since your father is no more, the seller has to execute a registered sale deed in favor of the legal heirs of the deceased father.

So, it becomes your duty to safeguard your interests in the property.

Let the fight is against you, better you take the help of other persons in the neighbor

T Kalaiselvan
Advocate, Vellore
89989 Answers
2494 Consultations

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