Dear Sir, My friend is an adopted son for his parents. After his father death, his mother has been taking care of the property. However, his mother brother had bee trying to encroach their property. She had file a Writ in 1999 to ensure that he does not interfere into their property and had got it in her favor. Later his attempts to encroach her property had become more and she had decided to sell it off. However, my friend is always away from her native and is unaware of these things. Later to avoid such things she had entered an un registered sale agreement with his brother on 6 October 2010 in front of the village heads stating 400000 shall be paid to My friends mother on 10 November 2010 and get the land registered. However, she did not receive the amount and had given my friend the same as registered gift deed and she expired on 8 July 2013. Meanwhile, his uncle got passbooks in his name through that unregistered agreement done on 6 October 2010 by paying the deficit stamp duty which is dated as April 2006 for which she approached RDO court. RDO court had said that she did not submit any documents stating she has not sold her property on 24 July 2011 and had not cancelled those pass books. I am not sure what kind of documents can we provide stating that she did not sell that land? If it is that she sold land in 2005, then why will they re enter agreement in 2010? Later my friend after her mother demise he had been filing applications that his land was grabbed by his uncle to MRO, RDO and Joint collector. Recently I filed an RTI and understood the complete scenario. Now I would like to know if my friend can get right over the land since he has got registered gift deed from her mother? Or since she had given an unregistered agreement on a white paper which was not fulfilled will he loose the land?
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1) unregistered agreement does not confer clear and marketable title to the property
2) your friend should file declaratory suit that he is absolute owner of property
3) enclose registered gift deed
4) take the plea that sale agreement was never acted upon as payment was not received by mother
5) to set aside mutation of property doenin favour of uncle
the registered gift deed in favour of your friend will prevail
the unregistered agreement made in favour of his uncle does not confer any ownership title on him and thus he could have got passbooks for the property on basis of an unregistered agreement. All of them are illegal and not biding on your friend
if your uncle has any claim on the property on basis of that unregistered agreement then he will have to file a declaratory suit in court and prove that document and also prove that he had paid the consideration to your friend's mother
as of now your friend is the owner of the property and so far as there is no court stay obtained by his uncle in any suit, your friend can deal with this property in any manner he likes
The registered gift deed in favour of your friend will have primacy over the unregistered agreement on plain paper, on the basis of which this Uncle has usurped the land belonging to your friend's mother.
Your friend must prefer a suit.
He needs to see an expert local lawyer.
Sir first of all the sale agreement done by mother for complete land is not valid as she along with your friend has right over the land, secondly unregistered sale agreement give no right to the uncle over the land, the proof of payment are not available with uncle.
So friend can approach the civil / Revenue court to set aside such agreement and change mutuation enteries. He will not loose the land uncle has no right over it he is sole owner of land.
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
Unregistered agreement has no value in the eyes of law.
The friend can get the right over the land in case he is having a valid gift deed.
Regards
I am not sure but I would like to know what would be the consequence if there is any document describing that my friends mother has received complete sale consideration from my friends uncle? Since she expired what if they produce some fake document of such kind or something else?
You have to dispute the genuineness of document
2) file police complaint of cheating , forgery , fabrication of documents against fraudster
See if complete sale consideration is recieved then the sale is valid.
if document is produced the validity of same can be challanged and it can be sent for verification in FSL.
such a document will have to be proved by the uncle who wants to rely on it to show that he had paid money to your friend's mother
the possibility of creating a fake document evidencing receipt of money cannot be ruled out
however if the uncle gets caught for forgery then there are serious consequences on him including criminal contempt of court
if such document is produced in court then your friend can always deny it and ask for a report from a handwriting expert on the forged signature of his mother on the fabricated document
Now I would like to know if my friend can get right over the land since he has got registered gift deed from her mother? Or since she had given an unregistered agreement on a white paper which was not fulfilled will he loose the land?
The unregistered sale agreement is not valid and he cannot transfer the revenue records on the basis of sale agreement.
The revenue department has to give explanation before court that how could they transfer the revenue records to his uncle's name without he having any clear title or document establishing his title.
He can file a suit for mandatory uinjunction seeking tyo restrain his uncle from interfering in his possession and enjoyment of the property and also to cancel the revenue records transferred to his name.
I am not sure but I would like to know what would be the consequence if there is any document describing that my friends mother has received complete sale consideration from my friends uncle?Since she expired what if they produce some fake document of such kind or something else?
In any case sale agreement cannot become title document
Also your friend's mother transferred the property by a registered gift deed to your friend much later than the sale agreement hence the claim by his uncle is not maintainable.
He can be removed from the property if he is occupying the same by filing a suit for ejectment
You may challenge the said document, they will also have to show the transaction prove