• Plot purchase issue on agreement in Jaipur

There is a plot in Jaipur ( Rajasthan ) of Size 57 Ft wide front and 50 Ft Depth ( Approx 311 Sq Yd) . Owner sold one part of 200 Sq Yd to me and another 111 Sq Yd to another person say person X. 

Registry process is completed and original Land Patta with marking of my share of 200 Sq Yd is submitted into Bank as I took Loan for purchase of Plot. So original Patta is with my Banker. Another buyer having 111 Sq Yd share got the photo copy of Land patta. 

Now, other buyer ( Person X) having 111 SQ Yd is ready to give some 16 Sq Yd to me and informed that same 16 SQ Yd will be recorded on a Stamped Notary Agreement of Rs 500/-. (This is not registry, only on stamped notary agreement). 

After this agreement I will have total 216 Sq Yd ( 200 Sq Yd as per my registry + 16 Sq Yd as per agreement with person X). 

Now, My questions are that , 

1)	Can I make house on all 216 Sq Yd ?? will I be owner of 16 Sq Yd as well? 
2)	If in future another part owner ( Person X) changes his mind or any malign intention , Can he challenge this agreement in court to claim his 16 Sq yd land back as it is not registered? It is only on notary agreement. 
3)	An stamped agreement in this case is valid for lifetime. ( I mean whether his legal heirs can claim it back in future? ) 

Ps: Plot is approved by Local Development Authority JDA.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

1. Without a proper partition 16 yd can not be given to you

2. Yes definitely he can challenge the said arrangement in the court of law, any agreement on rs. 500 stamp is not valid per se

Either ask him to make a proper registered relinquishment deed

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No you have do a valid sale deed for title and pay stamp duty.

Yess there can be litigation as agreement is not valid transfer.

Yes they can raise a claim as they will be having share in registered sale deed of 116 sq. Yard so the agreement can be challanged.

Kindly register the property as of for few thousands of stamp duty you can loose more.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) notarised agreement has no value

2) neighbour should sell 16 square yards by registered sale deed

3) you can construct house as per sanctioned plans

4) legal heirs cannot claim back 16 square yards of plot sold to you by regd sale deed

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

The agreement will be contestable as the registration is mendetory to transfer the title.

If you make the construction only on the basis of agreement and loose the litigation then you need to demolish the said portion.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

A stamped agreement is not valid it needs to be registered and proper stamp duty needs to be paid. Yes legal heirs can claim right if it is not duly registered.

Notarized agreement has no value. Unless 16 yards is not transferred to you through a proper instrument it is not advisable to construct anything.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi, if he transfers the 16 yards to you through registerd sale deed , you will be having a legal ownership to the said area.. He cannot challenge the sale deed in future on any grounds once transfered through valid sale deed

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

1) Can I make house on all 216 Sq Yd ?? will I be owner of 16 Sq Yd as well?

Ans: No, you cannot purchase under a unregistered document (Notary agreement). Section 17(1)(b) says any purchase of immovable property worth more than Rs.100/- must be evidenced by a Sale Deed

Section 17 in The Registration Act, 1908

17. Documents of which registration is compulsory.—(l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:—

(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

===========================================

2) If in future another part owner ( Person X) changes his mind or any malign intention , Can he challenge this agreement in court to claim his 16 Sq yd land back as it is not registered? It is only on notary agreement.

Ans: Yes, it is illegal and irregular transaction.

3) An stamped agreement in this case is valid for lifetime. ( I mean whether his legal heirs can claim it back in future? )

Ans: Yes, definitely

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

As the 16 yds are not registered you can't establish ownership rights. Yes the other person may challenge it in Court. Yes stamped and Registered is valid for life. Legal heirs may challenge if some irregularity is noticed

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Transfer of ownership in immovable property is not valid without registered deed.

1) Can I make house on all 216 Sq Yd ?? will I be owner of 16 Sq Yd as well? -- Not without registered deed.

2) If in future another part owner ( Person X) changes his mind or any malign intention , Can he challenge this agreement in court to claim his 16 Sq yd land back as it is not registered? It is only on notary agreement. ---- Transfer through Stamped Notary Agreement of Rs 500/- is not valid and can be disputed any time.

3) An stamped agreement in this case is valid for lifetime. ( I mean whether his legal heirs can claim it back in future? )

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Until the property proposed to be bought afresh is transferred to you by a registered sale deed, you cannot become an absolute owner with clear and marketable title to the property proposed to be bought.

A notarised sale deed is not legally valid and not binding on the owner for alienation.

2. Yes he can do ti and reclaim the same if it is given possession to you on the basis of notarised document.

3. Yes the legal heirs of the vendor can stake a claim for this portion of property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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