Dear Sir/Madam, We are planning to buy an agricultural land near Trichy/Thanjavur. The seller’s father had bought this land after entering into a sale agreement with his previous seller in 1982 but didn't register the land. Then, he gave this land to his son(current seller), through a will which was not registered. Later the current seller got patta and chitta in his name from the revenue department of Tamil Nadu. So the current seller's name is registered only in the revenue documents as Patta & Chitta..Subsequent settlement deed between him and his brother finds a place in the latest encumberance certificate. Could you please let me know if we can go ahead with the purchase of this land as the Seller's name is correctly registered in Patta and Chitta and but not in the Encumberance certificate(in 1982) ? Also please let me know if there would be any future complications in buying this land ? Thanks, Alagu
Seller does not have clear and marketable title to property
2) the seller father had purchased land by an un registered agreement for sale
3) son inherited land on basis of will and mutation has been done in his name in revenue records
4) entry in revenue records does not confer title to property
5) don’t purchase the land
The said land being not registered earlier will invite bad title to you. You can risk the same and buy it but that will not give you a good title while selling the same in future
1. The seller has no clear title in the property. Mere and Chitta without title does not create title in it.
2.So if the seller wishes to pass clear title in your favour he needs to make the legal heirs of the previous seller parties to the sale deed.
3. So find out the previous seller or his legal heirs and then make the sale ded making them as confirming parties in the deed.
Else you can not become a proper title holder in the property.
1. No one can pass a title better than his own title. Since the title of seller is defective he will pass only a defective title to the buyer.
2. Patta and Chitta are relevant only for revenue purposes. They are not documents of title.
3. Don't buy this land.
The following factors are questionable.
1. Agreement not cancelled .
2. will not registered and certified by courr.
Regards
G.Rajaganapathy
High Court of Madras .
The seller has no marketable title.
Title cannot be conferred upon a person just by execution of a agreement of sale. So, will made is also void.
Name shown in Patta and Chilla do not confer any title.
Stay away from this deal.
The title of seller is not perfect and marketable you should avoid buying such land.
Without registered sale deed,previous sale in not valid and previous seller`s legal heirs can any time stake claim on the property. Mutation entry for land in revenue records neither creates nor extinguishes title over such land.
Is the sale agreement registered and with possession or without possession ?
seller's title is not clear in absence of registered title document in name of original buyer i.e. seller's father
also NOC of all legal heirs of the seller's father will be required for transfer of the land to the seller
seller will need to trace the original seller and do a sale deed which has to be registered
the 1982 sale agreement cannot be registered now since the max time within which a document can be registered is 8 months from date of signing
Name and Patta and Chitta does not confers upon one the title of the land.
you may go ahead and purchase the same since they are having the possession of the land for more than 12 years but note that the person who sold the land in 1982 may raise an objection at any time since there is no sale deed of the said transaction.
Regards
1. There has been no registered sale deed in connection with the said property for which it has not been mentioned in the EC.
2. However, since the seller has got the Patta and Chitta, he can sell his land provided there has been no restriction imposed on him in selling the said land by the Govt. whgo had issued Patta to him for acquiring/owning the said land.
3. Check the documents carefully.
In your case, the said property is never transferred by by seller father. Moreover, seller father did not execute any gift deed in son favour. It is mutated in son name and On chitta patta seller doesn't recognized as a deed of transfer of property.
Dear sir
As the seller name is clearly mention in patta and chita it means that he is the owner of this land.
And the encumbrance is the record if all legal transactions related to the land that is debt on the land or sale or purchase or agreement done related to the land.
If encumbrance is clear it means that he does not have any kind of debt pending on this land or never took any loan on the land as mortgage loan.
The patta or chitta or not the title documents.
Just by transferring the property to his son by a Will shall not confer any title to the son.
The father who transferred the property by a will is not having a clear and marketable title to the property, therefore the subsequent beneficiary also cannot derive proper title to the property.
All the transaction in this regard are invalid in law and any buyer who may buy this property may also not acquire proper title to the property in any manner.
Therefore it is not advisable to buy the property which is having a defective title to the seller.
