My father had purchased a property (plot) on my name in 1999 through an unregistered agreement of sale and paid the sale amount to the seller. He had also taken a written notarized declaration from the seller that he will register or complete the transfer of title at anytime as per our desire. However, my father passed away later and these papers have come into our knowledge only now. When contacted the seller is making unreasonable excuses and not showing interest to fulfill the commitment.
Pl suggest if I can take this up legally and through the court make him complete the transaction. Also what are the chances of us winning the case basis the documents we 1) Agreement of Sale (in registered) 2 ) Notarized Surety Bond for transferring rights on our demand
Also would this fall under within permissble time limit
Asked in Civil Law from Hyderabad, Telangana
1) your best option is to settle with seller and request him to execute sale deed in your favour on payment of some consideration
2) if he fails to do so issue legal notice the seller to execute sale deed in your favour
3) if he fails to do so file suit for specific performance
4) since agreement contained a clause that seller will execute sale deed at any time sought by purchaser your claim would not be barred by limitation
1) You certainly have a legal remedy. Issue a legal notice to the seller demanding registration of the Agreement . Be ready to pay the stamp duty involved .
2) It would be worth negotiating with the seller and settle the matter out of court as this can save you time and legal expenses involved. This becomes possible only if he settles for a reasonable amount.
3) If he does not come forward and register the property as had been agreed, upon demand, you can file a suit in the civil court for specific performance. You have a fair chance of winning the case on basis of the documents that you possess.
4) Your case is not hit by limitation as the clause in your agreement says 'complete the transfer of title at anytime as per our desire'The seller is then bound by the undertaking he has made.
1. File a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate registration of the property in favour of the legal heirs of your father, damage and cost,
2. It is a very good case to win but you are required to produce documents to establish that your father had paid the consideration as per the agreement on time.
1. You should file a lawsuit against the seller to compel him through specific court directions to register the sale deed in your favour.
2. You stand a fair chance to get the title to the property through judicial intervention.
3. Issue a lawyer's notice to him before going to court
You have a strong case ad have full opportunity for success. The sale agreement though not registered, can be substantial documentary evidence since the entire consideration amount remains paid and also it will not be barred by limitation because there is no time specified in the unregistered sale agreement wherein the entire sale consideration amount has already been paid and its receipt had been duly acknowledged by the vendor. The other notarised document will corroborate your pleadings.
Hence, you first issue a legal notice on behalf of you and other legal heirs of your father referring to the sale agreement entered by your deceased father with him, express your ready and willingness to perform your part of contract and demand the vendor to perform his part of contract by executing a sale deed and register the same at your cost on the time and date to be stipulated by him as per his convenience but within fifteen days from the date of receipt of the legal notice, failing compliance or non-response, you may file a suit for specific performance of contract against him.