Entering names in government records
My client had bought a piece of land in bhandup in 1975 and 1980,at that time ulc was in action big land owners had to sell the excess land, the seller sold the plots by making a agreement for sale on stamp paper and was to be registered within some months. Seller had received all the consideration amount as per agreement,and seller had given possession to construct the chawls. My client had constructed chawls and having possession since 35 years, but the seller had not registered the document yet .my client got registered in amnesty scheme (one sided)in 2009. Now seller is taking objection and telling that he had not sold the piece of land and taking objection for entering name of my clients in government records.how we can clear the matter as soon as possible or how we can sell the property. Because my clients are senior citizen, they are not interested in legal procedures. If the legal procedure is for short period 6 months to 1 year then they would take a chance for legal clearance. Waiting for your advice.
Asked in Property Law from Mumbai, Maharashtra
try to sell the property to some body else after disclosing the issues with the property as there are lots of people in market who are looking for disputed properties at cheaper rates
Advocate, New Delhi
you have clear title to property . consideration ha s changed hands . agreement is registered . after 35 years he cant say he didnt sell the property . he should have moved court earlier when agreement was entered into . because property prices have gone up he is trying to extract his pound of flesh . let seller move court if he so desires . . your client has to fight legal battle . . no short cuts
Legally speaking, your client should have brought legal action for compelling the seller to make the sale deed as this would have been the last nail in the coffin of the seller insofar as any such future claim was concerned. If the agreement has not been registered, irrespective of your client's registration for amnesty, he will be on a sticky wicket in the court if the seller brings a legal action now. There is no alternative to fighting the legal battle.