Hi, both 2nd party and 3rd party has to register their respective shares getting through the Compromise Decree and once it has registered the Compromise Decree, then 3rd party can sell his share and you can purchase the same.
Dear Sir/Madam, My father (called as 2nd party) had a 40' * 60' property in Bangalore which he bought from 1st party in 1993. Another person (3rd party) claimed ownership by proceding a sale deed from the very same 1st party in the year 2013. However 3 years ago, the property share between 2nd party and 3rd party was settled through mutual consent, in the ratio of 3:1. 75% property - Portion A to 2nd party (my father) and 25% property - Portion B to the 3rd party by court, through a compromise decree. This bifurcation of Portion A and Portion B has not happened in documents/sub-registrar yet. Sub-registrar mentions that an execution decree is needed to consider bifurcation, and the EC (encumbarance) on the entire land shows up currently under the name of 3rd party. Now the 3rd party has come forward to sell his share (25% property) to us (2nd party). Though this looks rosy, i want to understand the correct process to execute and register the same. I believe we need to open the court suite, and file a petition to cancel the sale deed of the 3rd party. Do let me know if there is any other alternative. Is it needed that once the 3rd parties' sale deed is cancelled through court case/order, does the property need to be re-registered by us (2nd party)? Do we need to again pay the stamp duty and registration fees? Will the Encumberance (EC) reflect 2nd parties name automatically, once the sale deed of the 3rd party is cancelled? OR any further step to be executed? Does any other checks- newspaper advertisement/checks at sub-registrar need to be peformed, to ensure no other transaction has happened, behind the walls without our knowledge, before 2nd party makes a payment to the 3rd party. Best Regards Jeevan
Hi, both 2nd party and 3rd party has to register their respective shares getting through the Compromise Decree and once it has registered the Compromise Decree, then 3rd party can sell his share and you can purchase the same.
1. A Release Deed can be executed by the 3rd party in favour of the 2nd party, relinquishing his 25% share.
2. A Public Notice to be published in both vernacular and English newspapers, to rule out anyone from claiming a right in the property. This has to be done before 2nd party makes payment to 3rd party.
Sale deed to third party cannot be cancelled in view of compromise decree wherein third party has 25 per cent share in property
2) register the compromise decree
3) third party can then execute sale deed for his 25 per cent share in property to you
4) stamp duty and registration charges have to be paid
There is a compromise decree by the court allocating proportionate share of property between both the parties, however even after the judgment both the parties have not taken steps to divide the property as per the court judgment.
in this context either both the parties can draw a partition deed on the basis of the court decree, get the deed registered or file an execution petition to execute the judgment as per the directions of the court, subsequent to which the same can be registered as per court direction. In that event there may not be a necessity for cancelling the registered sale deed now standing on the name of 3rd party.
For registration, the parties have to pay the stamp duty once again.
Hi Sir, Is it not possible that both the parties can go to the court together, and request for cancellation of the compromise decree, and then request that sale deed of the 3rd party is cancelled in lieu of money paid by 2nd party to 3rd party - represented through a sale agreement? If so, this avoids double registration as the 3rd party may not be interested in re-registering the 25% share, given that he is going to sell the same to the 2nd party at the same time? If this is possible, what are the risks involved, especially to the 2nd party as there may be a timeframe when compromise decree is cancelled and sale deed is not cancelled yet (until next court hearing or so)? Best Regards Jeevan
1) once settlement is arrived at between the parties and decree is passed it is binding upon parties
2) it is doubtful that court would set aside compromise decree
3) you are at liberty to make application to court for setting aside compromise decree if you so desire
Your suggestion is not possible neither any such petition would be entertained by court at this stage.
It was a compromise decree which cannot be even appealed before an appellate court.
You may be having different ideas and thoughts arising at different times, but they cannot be enforced through law.
1. If it's possible to get hold of the first party and convince him to agree for cancellation of the sale deed, which the first party had executed in favour of 3rd party, by executing a registered Cancellation Deed now.
2. By exercising this option, the problem can be resolved.
Dear Sir/Ma'am,
Since, the bifurcation of the property has not been registered in the documents or with the sub registrar, I shall suggest you to go through the following procedures for the registration of your share of the land.
Without registration, a buyer has no legal right over the property so, one cannot sell it to anyone under the Transfer of Property Rights Act. Section 17 of the Registration Act, 1908, mandates that documents of immovable property need to be compulsorily registered. Therefore, it is suggested to go through the procedure mentioned below.
Procedure of Registration
Execution
Execution is the enforcement of a decree by a judicial process which enables the decree-holder to realize the fruits of the decree and judgment passed by the competent Court in his favour. The Registration Act and Transfer of property Act deals with the manner in which the title in the property can be transferred. An important aspect of execution of a document is attestation of the document. Similarly, section 17 of Registration Act provides the list of documents which require compulsory registration.
Execution of Sale deeds
Order XXIII Rule 3 CPC pertaining to the compromise of the suit:
"Compromise of suit: Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not "the subject-matter of the agreement, compromise or satisfaction is the same as the subject matter of the suit."
Since, the compromise decree between the 2nd and the 3rd party had been cancelled by the court, this means that the sale deed between 1st and 3rd party and the bifurcation of the property is again a matter of dispute. In this case, whether the sale deed is executed or not, to avoid any risk, registration of land is mandatory before any such sale.