- When is the next date of the declaratory suit you filed? Yes you must file a rejoinder to completely block out the respondent, citing S 53A of Transfer of Property Act.
- You must also plead that the relief you are claiming, which is a declaratory decree in your favour, be granted as respondent has no valid defence.
- Have you appointed a competent Advocate? If not, my services are at your disposal. Pay me a visit for exhaustive consultation. I'm based in Mumbai/Navi Mumbai, just as you are and it shouldn't be much difficult for you to visit me. I'm prepared to appear in the civil court in the district where you have filed the suit as your Advocate.
Property Purchased by unregistered sale deed on stamp paper & under general power of attorney
My mother purchased 5 guntas open plot in 1995 by unregistered sale deed on stamp paper & under irrevocable general power of attorney which is Notarised. It is a piece from original 9 acre agriculture land in Karnataka. Many people like my mother purchased small pcs. of 2 guntas to 3 guntas from the above said land & paid development charges to the Local Town Panchayat and with their permission constructed houses on their respective plots & living there. Also paying annul taxes to the town Panchayat with receipt which is providing Civic Services. The original nature of the land is lost and converted in to township with many residential houses. Now the Children connived with the seller father and are challenging our unregistered sale deed on stamp paper & general power of attorney. The possession is with us but they are trying to dispossess the people like me & my mother holding open plots but compounded with wall & gate. Also my mother now 85 yrs.has transferred the same to me with registered gift deed. The owners children now has sent a notice to Town Panchayat, not to transfer the property to my name and my application remains pending with them. I have filed a suit in court for declaration & consequential relief of permanent injunction.What are my chances of getting the relief ? court has granted status quo. GPA was not revoked by public notice or to us till date. My possession can be proved with affidavits of the neighbors and the contractor who constructed compound wall & gate. We are almost 25 to 30 plot holders harassed in this manner. As per the registration act we cannot get title for non registration, but some talk about Transfer of property act 53-A which might give us some relief. kindly advise.
Asked 6 years ago in Property Law
Religion: Christian
8 Answers
You can seek relief under 53 A and try to prove the same through affidavits of neighbors. But as per the latest supreme Court stand the transfer through gpa without sale transaction is illegal
See as such the transaction is old and the consideration was paid and GPA is there the case can go in your favour, as such now the purchase by GPA is not valid but in your case the transaction was of 1995 with complete consideration and possession then the unregistered document under registration act can be taken as proof of transaction and court may declare the right on the property.
Your sale agreement is not stamped properly and unregistered
There is a provision in stamp act which says that if a document required to be stamped in not stamped then it cannot be accepted in evidence
So its advisable to get the document stamped fully with penalty so that your opponent cannot raise this objection
You have already filed a suit against the seller seeking declaration. I suggest you amend your plaint to include reliefs of specific performance of contract and seek directions to seller to come forward for registering the document
un registered sale deed is in admissible in evidence
2) it can be used in evidence for collateral purposes to prove your possession of property
3) you would not get declaration that you are absolute owner of property
Your case only effected by evasion of stamp duty and non registration of sale deed. You have payment proof and long possession, declaration will order in your favor. Civil suits takes time, but status quo if effective, hence you are in advantageous possession.
Court will order payment of stamp duty.
Since you hav file already filed a suit for declaration of title on the basis of the adverse possession and other relevant documents supporting your claim you may proceed and follow it up thoroughly through your advocate.
Actually unregistered sale deed do not confer title to the owner or purchaser.
The chances of getting the relief are very good on ground of adverse possession but For that you have to prove that you are enjoying the possession of land from past 24 years.
