• Registration alternative

Hi sir/madam
My father had bought 2 acres of land from one person before 20 years. But it was not registered. Along with my father, few other persons has also bought lands from that same person. Now we want to register in our name. That person is not ready to register in our name. But we are paying land tax for these years. Can we do something to change it in our name? Or is it possible to register without that person by just getting power of attorney from that person. Please help me
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Hello,

You can get POA from that person and if he is not coming then you can file a declaration suit and claim adverse possession and on the basis of the same you can get the property registered on your name. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

What is the status as regards possession?? Are youbin possession? Are you doing something on the land? Paying tax is no proof rhat it belongs to you but yes,possession means that it belings to you or at least there is some genuine dispute/problem. 

You may claim the land on the basis of adverse possession.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If he agrees then get a registered POA from him, make sure it specifically states the property schedule .

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

You need to approach civil court for the same and seek declaration for the same

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Ask him to execute registered POA in your name 

 

2) on said basis you can execute sale deed in favour of your wife 

 

 

3) you can also sue the seller to execute registered sale deed in your name 

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

1. Title does not pass unless the sale deed is executed.

2. If he is not ready to execute the sale deed then a suit for specific performance can be filed against him, but the limitation to file the suit is 3 years from the date on which the sale deed was to be executed.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Please issue legal notice to that person citing details of transactions and put your claim for registration. 

If he doesn't appear or co-operate then file adverse  possession claim before the court against the person who is denying for registration of land.

Suit for ADVERSE Possession will be considered for good in your favour as per the facts of the case and anticipated behavior of the seller after 20 years.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You first issue a legal notice to the original owner stating that he entered into an oral sale agreement to sell the property and received the full sale consideration amount subsequent to which he delivered possession of property. 

You may mention that he is trying to evade the registration process all these years citing one or the other flimsy reason or for the reasons known to him alone. 

Hence you demand him to execute the registered sale deed in your favor within a period stipulated in the legal notice,  failing which,  you may inform him that he will be dragged to court of law seeking the desired relief to be enforced through court of law at his costs and consequences thereon. 

Then you can resort to further legal action as per law through court. 

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

1. IF Agreement was duly Stamp duty paid and duly witnesses by two persons, THEN you can send the agreement for adjudication to the SRO office, for raising challan for registration fees and penalty. This should be accompanied by a affidavit and all the documentary evidences that you hold. Do this using the services of a local property lawyer or a registration agent.

2. For above there is no need for sellers signatures of Power of Attorney or any other documents.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Immovable property has to be transferred by paying stamp duty and registration charges. 

Yes, it can be  done through POA, subject to same is issued by the owner to some one, which is registered before sub registrar, and with a clause specifically mentioning / authorizing the Agent to sell and register the same.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Does your father's name appear on mutation paper as a possession of land holder. Then you can file Adverse possession and take court order from court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear sir,

You cannot legally compel his to execute the registered sale deed as the suit would be barred by limitation. However, you can try your luck by persuading him or issuing a legal notice. He might agree to do so.

Alternatively, you can take a registered GPA from him, and thereafter execute a registered sale deed in favour of any of your near relative such as wife, child, brother etc. But please note, in that case the person in whose name the property stands would become the absolute owner of that property, and might deny any right in that property to you. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

If you get POA than its good otherwise file a declaration suit for declaring the ownership of the property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Obtain registered POA from the seller and than can registered the land.

If he is not willing to come than have to file case in court to direct the seller to register sale deed or court will appoint commission who will act as seller.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If your father has an unregistered sale deed duly executed, and if he has been in continuous possession and enjoyment of the property for more than 12 years (in your case you say 20 years), your father can very well claim the title and ownership of that property by virtue of adverse possession legally. Also, he has been paying the land tax. In the circumstances, nothing else needs to be done now. As the seller is uncooperative, he may not execute a power of attorney.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

- No, without the presence and consent the said land owner , it cannot be registered in your name legally. 

- However, if you have some proof of payment etc, then you can file an specific performance case against the said owner . 

- Further , as you are paying the taxes etc, and if the said land is in your use and occupation , then can file a Declaration suit before the court for declaring owner of the said property. 

- Before file a case , issue a legal notice to the said person .

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

Dear Sir,

You are suggested to approach by way of adverse possession rules and claim the title. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

There must be a paper or document registered or unregistered regarding purchase of the property. So, no need to be panic. ask with seller to execute POA. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1. Yes you and all buyers should file case for specific performance against seller. 

2. You can get the property registered if court orders for registration of property on name of plaintiffs 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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