My grandfather purchased 3 acres of agricultural land at Warangal district (now in Telangana) in 1954 but never cultivated it. The sale agreement was made on an unregistered non-judicial stamp paper. We are not even aware of this purchase until last year till he passed away. We found this document while searching his trunk box. When we went and checked, the land is already in possession of someone else and upon checking revenue records we found that his name was never entered in revenue records (or hopefully the records got manipulated). What are the legal options that we, currently, have to claim the land. Experts please advice. Appreciate your help in advance.
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Un registered sale deed is in admissible in evidence
2) to confer clear and marketable title to property you need registered sale deed
3) if seller refused to execute registered sale deed in grand father name he ought to have filed suit for specific performance
4)your claim is barred by limitation as more than 67 years have passed since land was purchased
The unregistered sale agreement is not valid in the eyes of law.
You say that you do not have physical possession of property neither the revenue records are there in your grandfather's name.
Perhaps your grandfather would not have pursued this matter or he might have not shown any interest in purchasing this property during his lifetime for the reasons known to him or he may even had lent some money to the seller for which this sale agreement was executed.
In any case the case is very badly barred by limitation.
Moreover the land is occupied by someone, perhaps he might have purchased this land by a registered sale deed, hence it would be better that you verify the EC also in this regard.
In any case you have very less chance to win even if you propose to take it legally.
Dear Querist
What are the contents of the Sale agreement? without knowing the contents of the documents I am unable to provide the best advice on this, so it is requested you mention the detailed contents in your query so that you may get the best advice.
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If there is no registered sale deed in your late grandfather's name, you have no claim over the title and ownership of the property. Moreover, whoever lives there for a continuous period of 12 years or more may claim ownership by adverse possession.
You need to evict him by filling a suit in appropriate civil court
- As per law, an unregistered documents even on stamp paper having no legal value and one cannot be considered as the owner of the property .
- However, as that paper is sale agreement , it means they have entered into an agreement for purchase the land.
- Being the legal owner , you can send a legal notice to handover the possession the land to you
- If refused , then file suit for declaration and possession on the ground of that sale agreement. However , there is mere chances to get the relief.
