it is not safe you will not enjoy clear title. if you require only possession and not willing to sell it in future then go for it.
Wants to do sale agreement for the land where government had banned the registration for now
I want to buy land via sale agreement as registration of land in that area is banned by government. Land is in jharkhand, it is a type of Gair Mazuria land (GM Land). My question is how I can buy this land is it be safe to buy the land by executing sale agreement if yes then can I make it valid till registration process start again. After all if registration process started chances are there that land owner may refuse to do registration on the same cost. Please advice.
Asked 7 years ago in Property Law
Religion: Hindu
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11 Answers
See if the land owner makes an registered sale agreement by mentioning the condition that registration shall be done as soon as registration start then in that condition it is safe further take Power of attorney from land owner . And keep receipts of payment.
If there is a bar on transfer of this property applies to all kinds of transfer which include sale agreement as well.
Even of you make a sale agreement then also you can not enforce the agreement in the court of law.
However if on the basis of this agreement you will get possession of the property then you can go ahead with this but do not invest large amount on this property.
To confer clear and marketable title to property registered sale deed is necessary
2) mere entering into agreement for sale would not make you absolute owner of property
3) don’t purchase the property
Any agreement for sale and purchase of this land is not valid and cannot be in forced in the court of law if you are entering in any agreement to purchase this land please enter only and your capacity as you may not be able to get this land registered as you agree in your question as well you can only take the possession the land from the actual owner of the land in which possession of the land is.
Since the registration is banned the sale agreement cannot be registered now.
An unregistered sale agreement is not valid and cannot be enforced in law.
Therefore you cannot make sure that the land owner will sell the property When the government decides to lift the ban.
Moreover a sale agreement can be valid only for three years from the date of its execution.
Therefore it is not advisable.
Thanks for your valuable advice. Iam totally in agreement that I will not be owner of the land anytime in future as it can not be registered to my name. But what I need your advice, if in case on the basis of agreement I will take the position, Can court will valid the position and help to get registered once ban of registration will be over. Or else do we have any other kind of agreement where I can make land owner as a silent partner for e.g JDA as builder normally do with land owner when they are making apartment. It is just my idea, or do we have any other option through which I can safely take position on the land. Yes I don't have any plan to sell in future. My plan is to open social firm like school, college etc which will give me other support to keep this land safely, but it is just my knowledge. Not sure whether it will be good idea or not. Condition which I had checked with local registar office is that even sale agreement can't be registered. Also General power of attorney also can't be executed on that piece of land. According to my knowledge power of attorney can't be taken in other state too for this piece of land,as it will not be valid as local government policy will overcome on this kind of attorney, if at all I make. Is my understanding is correct. Or do we have any other Attorney like SPA which will help me to take position and own. Please advice if there is any possibility to take position and maintain the position even property not get registered to my name. Seller or vendor is ready to put any terms and condition like Sale deed will be executed once ban will be over. Even I agree that validity of unregistered sale agreement is 3 years only. Hence keeping all pros and cons in mind, kindly advice me any way through which I can take position safely and enjoy the same in future. It should ensure that Seller easily can't challenge me in court for this piece of land. What precautions can be taken.
Asked 7 years ago
You woukd be at seller mercy as you don’t have clear and marketable title to the property
2) as mentioned by registrar office agreement for sale also cannot be registered
3) POA in your favour by seller also cannot be registered
4) don’t purchase the property
See since registration are not taking place the issue can ways go in court though for you taking land at this stage you can do is make an agreement to sale notarized along with irrevocable POA and an indemnity clause from seller that in case he goes to court or any other third party interest in land then he has to refund the compelte amount with interest 24 .
Yes, once the embargo on sale on this property , you can apply for regularisation of your sale or make a fresh sale deed having preference due to your continued possession over it.
There is noncertainity about thisd. Who knows what will happen in future, that whether the government will reopen the registration on such lands or not, hence you may better do what is seen now in the present stage.
Taking possession will not entitle you the rights in the property and cannot seek compulsory registration on the basis of possession with you.
There are no possibilities for any type of power of attorney and anything obtained in this regard will not help you in any manner in future.
Legally there is no advise or suggestion to acquire or even take possession of the property especially under the given situation and the owner cannot be pressurised in future to get the property registered on your name on any basis.
1. Take "registered" POA from the Seller.
2. Take "irrevocable indemnity bond" from seller, indemnifying you against any & all losses and from staking any future claims or legal disputes
3. Execute Agreement for Sale, with strategic clauses
4. In future, using the registered POA, you can do all you want to do with the land, which includes selling it to others, as and when needed, without the interference of the Seller.
Keep Smiling .... Hemant Agarwal
