I have below situation. Please suggest how I should resolve this and if you can help us take it forward.
My dad purchased an open plot from a couple in 1984/1985 by paying an advance followed by paying remaining amount 70 days later and received the title-deed on seller's name. Each payment, property, seller and purchaser are recorded on separate white papers dated, hand written by husband, attested as seller by wife and attested as witness by husband. The second whitepaper states wife relinquished right to plot and would register it whenever and to whomever my dad choses.
Now couple refuses to honour the said agreement. We are unable to get a house number and a municipal permission for construction as we need the plot registered on our name for that. What can recourse to get plot registered on our name with or without the couple honouring their end of bargain, relinquishment and promise to register, noted in the written agreements of 1984/1985?
Below happened in the interim:
* Neighbour home/plot owner documents record that in 2003 my dad, as owner of said plot, payed for road improvement funds then gathered.
* In 2008, couple refused to register it on my dad's name. in 2009, wife gift deeded the plot to husband's name. In 2011, unaware of the gift deed, my dad sent a lawyer notice to couple. Couple's lawyer responded by stating written agreement was invalid as second payment being 3 masas after first payment breaks the 3 masa time limit on remaining payment mentioned in first document. This is not true as both documents are dated and they are 70 days apart.
* My dad soon after in 2011 took physical possession of the plot, placed publicly visible board on the plot declaring it as his, constructed servant quarters and a compound wall, got a metered electric connection to the quarters. A servant-couple has been residing in the quarters and we have been paying the electric charges ever since. Couple has not approached police or court to evict us or the servant-couple. This is the status as of now.
Thanks in advance.
Asked 2 years ago in Property Law from Warangal, Telangana
1) the seller ought to have executed regd sale deed in favour of your father
2) in order to confer clear and marketable title to the property regsitered instrument is mandatory .
3) section 54 of transfer of property provides as under
54. “Sale” defined.—‘‘Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made.—3Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. 1 Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property
4) is there a clause in your agreement for sale that the sale deed shall be executed at the convenience of the purchaser, as and when she wants them to be executed either in her name or in the name of her nominee or nominees.
5) if seller had failed to execute sale deed your father ought to have filed suit for specific performance within period of 3 years
send them legal notice of specific performance of the contract, demanding the registration of the sale deed and vacant peaceful possession with all original documents.
If they agree to your demand notice go ahead with stamp duty registration of the sale deed and proceed with the mutation process and permission from the local/ municipal office.
If the opposite party refuses despite the demand legal notice you should file a suit for specific performance in the civil court where the property lies
1. Your dad has the possession of the property but possession is not equivalent to ownership.
2. Once the agreement had been executed it had to be honoured by the seller. Your father should file a lawsuit against the seller to seek court's directions to him to register the sale deed in his favour.
3. Since the sale deed has not been registered in your father's favour the seller can file a lawsuit for eviction of your father. Furthermore, if a criminal case for trespassing is filed against your father it will be difficult for him to wriggle himself out.
1) The property should have been registered in your father's name soon after the entire payment was made.Since the money has been accepted by the seller they are obliged to register it in your name.
2) In fact you should have filed a civil suit against the seller demanding specific performance within 3 years of the unregistered agreement.
3) File a suit now seeking specific performance, praying to the court to condone the delay in filing the case and be prepared to pay the stamp duty as per the current market value.
Your father can file a suit for specific performance of contract seeking specific relief of execution of registered sale deed from the vendor in his favor on the basis of the papers in his possession, whether the same is reliable or not can be decided by the court after conclusion of the trial proceedings. A prayer for declaration of title by adverse possession can also be pleaded as the possession is with your father.
Consult a local advocate and proceed.
1. Your father is not yet the title holder of the plot since the sale deed has not yet been registered in his name,
2. Your father shall have to file a declaratory suit praying for declaration that the said plot has been legally purchased by him as per the agreement and also for direction upon the Registrar to register the plot in your father's name,
3. Alternatively, your father can file a specific performance suit against the seller praying direction upon the seller to register the plot in your father's name failing which the Registrar will regiter it in his name.