• Fully paid for land not registered during agreement period

We purchased some land 30 years ago. The land was fully paid for as mentioned in the agreement and we were given 15 year time period to register the land. The owner of the land passed away before the 15 year agreement period and we did not complete the registration during the 15 year agreement period. We would like to now register the land. There are two heirs to the original land owner. We have not paid any property taxes etc on the land since purchase however we own the adjacent plot that is registered in our name and we have been paying the property taxes on that land. How should we go about doing this. What are our legal rights to the land? Who is the current owner of the land? What is the usual compensation paid to the heirs in such a situation?
Asked 4 years ago in Property Law
Religion: Christian

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9 Answers

approach legal heirs to execute registered sale deed in your favour

2) you can agree to pay them some money for execution of sale deed in your favour

3) there is no hard and fast rule of amount of compensation to be paid

4) as on date you dont have clear and marketable title to property

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

You do not derive the ownership right upon this property until the sale deed in your favor is excited by the legal heirs.

Catch hold of the legal heirs, and request the to participate in the Legal proceedings to transfer this land to you under a sale deed.

Since the you've already paid the entire sale consideration, legally you owe nothing to them; but to ease things for you and to ensure that they participate with you, you may pay certain payment by to them

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

This is my response to you:

1. The legal heirs will have to get a succession certificate from the court;

2. Once they do obtain the same, they need to register the land on their names;

3. After that you have to bring the legal heirs on record in your agreement as well by making a supplementary deed;

4. After that you need to go ahead with the registration with the new owners.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

You must create some records to show that you are maintaining possession continuously on it thus you can claim either as settled possession or adverse possession. Mere agreement is not a transfer document. You may put your claim having perfected your title by way of adverse possession as you are in the possession for more than 12 years. the law is as follows.

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

ADVERSE POSSESSION

There are many judgments and the recent one is as follows:

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

Protest within 12 years or lose property to squatter

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

ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.

A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.

However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.

This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.

Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Since the proeprty status is that there is an unregistered sale agreement existing, however the period agreed for registering the proeprty in favor of the buyer is over but no registration was done within the time stipulated.

Hence any legal claim in this regard is barred by limitation.

However you can approach the legal heirs of the deceased vendor to execute the registered sale deed in yor favor and transfer the other records of the proeprty to your name subsequently.

If the legal heirs demand some money, you may give them some reasonable amount and get your job completed instead of stretching legal battles which may not even result in your favor.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

You can erect boundary wall and display name board

2) if legal heirs demand unreasonable amount negotiate with them

3) you can claim defence of adverse possession as you are in open , hostile continuous possession for over 12 years

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You are otherwise in settled possession. You can put such board, but before raising such issuing get a stay order from the court. The relevant judgments is as follows.

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

Bombay High Court

Vishal Bhagwan Chandanshive And ... vs Sangli Miraj And Kupwad City ... on 31 January, 2018

Bench: Dr. Shalini Phansalkar-Joshi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8909 OF 2017

1. Vishal Bhagwan Chandanshive

Age 48 years, Occu. Rikshaw Driver

2. Ilahi Bandu Barudwale

Age 60 years, Occu. Business,

Both R/o. Near New Railway Station,

Tapkire Mala, Sangli,

Tal. Miraj, District-Sangli. ... Petitioners

Versus

Sangli Miraj and Kupwad City

Municipal Corporation, Sangli. ...Respondent

• Mr.Umesh R. Mankapure for the Petitioners.

• Mr.G.H. Keluskar for the Respondent.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 31 st JANUARY, 2018.

ORAL JUDGMENT :

1] Rule. Rule made returnable forthwith. Heard finally with

consent of learned counsels for both the parties.

..................................23] In such situation, when there is a clear finding recorded that the road of Municipal Council is not 100 ft. but 60 ft. and there is an open space in between and admittedly the Appellants in that suit were not held to be in possession thereof, then it necessarily follows that it is the Petitioners who are in possession of the said strip of land. If it is so, then it follows that their possession needs to be protected, which was tried to be disturbed on the basis of the judgment of this Court in Second Appeal. To this limited extent, therefore, both the trial Court and the Appellate Court should have allowed the application for interim injunction filed by the Petitioners at Exhibit-5, thereby restraining the Respondent from causing obstruction to the possession of the Petitioners, without following due process of law. If ultimately the Respondent is proved to be the owner of the suit property, then definitely Respondent has right to dispossess the Petitioners but till that issue is decided or till the Respondent follows the due procedure, the Petitioners cannot be disturbed or dispossessed from their settled possession.

24] The impugned orders, therefore, passed by the trial Court and the Appellate Court are accordingly quashed and set-aside.

25] Writ Petition is allowed.

26] As a result, the application at Exhibit-5 before the trialCourt is also allowed and the Respondent is restrained from causing obstruction to the Petitioners' possession in the suit plot without due process of law.

27] Rule made absolute in above terms.

28] At this stage, learned counsel for the Respondent submits that as the construction of the Municipal Council road is obstructed on account of the pendency of this suit, hearing of the suit be expedited. The request being reasonable, the trial Court is directed to decide the suit as expeditiously as possible and preferably within six months from the receipt of this order.

[DR.SHALINI PHANSALKAR-JOSHI, J.]

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

This is in further response to you:

1. Twelve years possession has to be proven by the law of adverse possession which is continuous and uninterrupted possession for 12 years and against the permission of the real owner;

2. IF you put a fence then it is forceful possession but then again you will have to wait for 12 more years;

3. Approach the legal heirs and ask them to hand over the same to you;

4. Engage services of lawyer and ask your lawyer to speak to them, so that they don't claim the same.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Since you have paid the consideration in full and also the property is under your possession and enjoyment, you may put up a fencing around all the boundaries of the property.

If the legal heirs refuse to cooperate then you approach court with a suit for specific performance of contract anr also for declaration of title on the basis of passing the Sale consideration amount as well as adverse possession.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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