• Sale agreement

Sir my father in law purchased land in 1986 33 guntas based on sale agreement .Due to plot of land reason in Karnataka sale deed as not made but land owner himself support us to make rtc and mutation to change to our name,from 1995 in rtc my father in law name was reflecting,in 2014 he has filed case in ac court, in that we have won the case.after he went to dc court there they won the case,now we are seeking justice in civil court,sir in the agreement expiry time not mentiond,is this helpful us to get justice in court,in 2019 my father in law made gift deed to his daughter, based on DC order he has changed the name in rtc and mutation for his name and he has 
tosold his relative.He and his brother went to court to get partition of their property and in the Court ordered while dividing the property you has to leave this 33 guntas and make your partition.kindly advice in the civil court can we fight with this 2 documents,one expiry date not mentioned in sale agreement,and court order to leave these 33 guntas and partition.thanks.
Asked 3 years ago in Property Law
Religion: Hindu

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14 Answers

You don’t have clear and marketable title 33 gunthas  of land 

 

2) registered sale deed is necessary to confer clear and marketable title to property 

 

3) it is necessary to peruse sale agreement , orders passed by courts to advice further 

4) you ought to have filed suit for specific performance to direct seller to execute registered sale deed in your favour 

 

5) arrive at an amicable settlement with seller for 33 gunthas of land 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Limitation period will be maximum 3 years from the date of executing sale agreement.

2. However one can request the Court to condone the delay by providing genuine reasons.

 


Court order not to consider 33 guntas during partition will be to your defense.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1. Mere recording of names doesn't complete the sale.  Unless and until the deed of conveyance is executed and registered his title would not become perfect. 

2. Therefore ask the seller or his legal heirs to register the sale deed. 

3. If this is not done then you will have to file a suit for specific performance of contract and injunction. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

- As per law , the limitation period of a sale agreement is 3 years from the date of agreement or from the date written in the agreement for the execution of sale deed.

- Further, if you have send a legal notice to other party , then the limitation can run from that date as well. 

- Hence, your father in law can file a suit for specific performance in the court for getting order for sale deed in his favour. 

- Further , as the title is not clear till date , then the gift deed executed in the name of your wife having presently no much value in the eye of law. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

yes you can fight on these 2 documents and grounds. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Do you have payment proof ? 

Sale agreement is condition of sale and not transfer of ownerhsip. It mentions when full payment made and registration of sale deed.

If you have payment proof or agreement says that full payment made and only sale deed not registered than your ownerhsip is safe. 

Obtain stay from court and also plea adverse possession.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

It is suggested that you may approach the court with the 02 documents as mentioned by you. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Client,

You may appeal against the order of DC. You may also file a suit for Specific Performance on the basis of the  agreement if there is expiry date mentioned. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

The sale agreement is valid for a period of three years only even if there was no time limit mentioned in it.

You cannot get it extended on your own imagination. For renewal of the sale agreement there has to be an endorsement in the sale agreement date periodically  which shall be valid for further three years period.

It is not know what case you have filed before AC or DC and also the civil court.

You have given bald information through which no proper opinion can be rendered. Hence you better consult and discuss with your own advocate on all such issues or revert with more details.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes the time period was not written in the agreement and that is in your favour. Your case is strong based upon what you have stated here.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Yes you can win it in civil court on basis of these two documents 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

Your father in law has perfected his title by way of continuous possession for more than 12 years. The seller has not got the agreement challenged till this day. What type civil case is pending is not known. You  must  take contention of adverse possession. Agreement for sale if no outer limit is mentioned a suit for specific performance ought to have filed within 3 years.  This should not be taken seriously. Mutation is effected, Gift deed effected so you have merited case.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Please note it is necessary to look into the documents to provide proper guidance. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can fight case on basis of these two documents available with you. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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