My father bought a commercial plot @ 30 lakhs from a friend in 2008 because he was in need of money.the deal was he will pay back the money with interest in a year and hence my father did not register the property at that time .my father has the original papers and sell deed which clearly says he had paid the amount. now when he wants to sell the property (because his friend does not have money )and found a buyer ,his friend is refusing to sign for registration.he is asking for a lot of money because the property valuation has increased .Is there a legal way to register the property without him being involved.he has already got money for his plot.He is harassing us now.
1) your father does not have clear and marketable title to property
2) to confer clear title it is necessary that regs sakefeed be executed in favour of purchaser
3) your father should file suit for specific performance to direct seller to execute regs sale deed in his favour
The simple rule is that you can sell what you have if you don't have any plot registered in your name and doing any registration you will be doing a crime under section 420 and you may be punishable for that
What do you mean by your father should file suit for specific performance to direct seller to execute regs sale deed in his favour ?What is the process of doing that ?Since the seller is refusing to sign in registration paper -we need to find an alternative to approach this case.
Your father had to file suit to direct seller to execute registered sale deed in his favour as full consideration of Rs 30 lakhs has been received by him
Only after regs sale deed is executed in father name can he sell the property to third party
you can not register the property without the presence of the present owner.
If the present owner of the property is not ready to execute and register the sale deed you may have to file a case for performance of the terms of the sale contract before the Honourable Civil Court or for the recovery of the amount paid.
Since you have explained that the transaction is only for the loan and the owner has handed over the all the original documents on receipt of the amount from your father, you can file a case for recovery of loan as well.
1. it is not sure whether your father made any sale agreement with him or not.
2.If yes then your father can file suit for specific performance of contract provided the law of limitation has not started as yet.
3. Otherwise he has no other option. If any buyer is ready to purchase possessory rights then he can sell his possessory rights over the proeprty which is not an outright sale and hence the tiled of the buyer would not be perfected.
4. Otherwise build a house thereon and use this as your own habitat.
Please take not of the fact that as of now your father does not have a clear title of the land.
And as such, as of now bereft of clear title he can not sell the property.
Suit for specific injunction is to be filed by your father
Regards
The suit has to be filed with a prayer to direct the seller to execute a registered sale deed in lieu of the sale consideration. After the said direction is passed and there is a registered sale deed with your father then only he can sell the property.
File a suit, notice will be issued and then he will have to appear before the court
Regards
There are several layers in getting anything register
1 execution
2. Presentation
3. Registration
Since 1st step of yours is not complete you donot have any right to get the instrument registered
However if your father have registered an agreement of that period things will become lighter.
I would suggest get the valuation of the property done of the same.
If it is more than 30 lakhs then it would be good that you pay the rest amount only through a post dated cheque or DEmand Draft , and ask him to get the property registered
Bcoz if the valuation is more than 30 lakhs u directly have to pay Capital Gain tax of 30% on the same to the incometax dept.
And sell off the same on a higher price to the third person
Lodge a FIR against this person for he has defrauded your father.
This property cannot be sold by your father, since the title has not been transferred in your father's name.
Registration a FIR in the present transaction makes a lot of sense and is the most viable solution to your problem.
There's no agreement to sell and hence there is no question of enforcement of the same.
Lodge a FIR against this fellow, so that under pressure he goes for execution of the sale deed in favour of your father.
If the property was not purchased by a registered sale deed, your father is not having proper or marketable title to sell the property.
Just keeping the original document in his posession shall not be binding on the previous owner.
Legally your father's case is very weak and he may not be able to enforce this loan agreement also, even if he has any since the same is barred by limitation at this stage. The loan was given in the year 2008 and the same is barred by limitation beyond 3 years from the date of loan.
Your father should talk to him and arrive at an amicable settlement to recover his loan amount by involving some people known to both or else he may not succeed in the money recovery suit also.
What do you mean by your father should file suit for specific performance to direct seller to execute regs sale deed in his favour ?What is the process of doing that ?Since the seller is refusing to sign in registration paper -we need to find an alternative to approach this case.
This is sheer misguidance especially in the absence of any sale agreement between your father and the borrower.
You cannot file a suit for specific performance of contract when there is no contract between both.
An out of court compromise shall be a best solution for the loan given without any evidence.
1. Was there any evidence in support of your said claim in the form of an agreement?
2. The other man can claim that your father has refunded the amount he had takn from him in loan years ago or any such thing.
3. If your father has any suh evidence, then he should file a suit before the Court against the said person praying for a direction upon him for specific performance and in case he refuses to perform as per the said agreement , the Registrar be directed to register the said property in his name.
1. Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract.
2. Your father shall have to file a case under Specific Relief Act,1963 praying for direction as advised in my earlier post.
No
