Dear Sir/Mam, In the year of 1976, we bought an agricultural land, but till now it is not registered. however that land is under my family possession from there on words. we are planing to register that land now. Please let me know the process to get registration. Problems: 1. They bought that land from another party in 1975 (registered). 2. we have sale agreement with no time limit mentioned. 3. who made (& who get) the Agreement is passed away (both side). Please let me know how to get registered this land Thanks in advance.
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1) registration has to be done within period of 4 months from date of execution
2) with penalty it can be done in another 4 months
3) you have to contact the legal heirs of the seller and request them to execute deed of confirmation in purchaser legal heirs avour
For the purpose registration you have to meet the original owner of the land .If he died then his legal heirs can execute the registration deed in favour of you . If they are not cooperating you can use the sale agreement as evidence .Registration of a deed merely requires the person executing the deed (executant) or any person claiming under it (claimant) or his legal representative to present the document at the proper Registration Office. The Registrar is not obligated to investigate the presence of possible foul play in the execution of the deed.
1. They bought that land from another party in 1975 (registered).
2. we have sale agreement with no time limit mentioned.
3. who made (& who get) the Agreement is passed away (both side).
Please let me know how to get registered this land
The evidence of sale agreement and the possession of the property ever since the sale agreement shall be an evidence to file a suit for specific performance of contract under the clause time is not essence of contract since the entire sale consideration amount has been already paid.
The registrar may not entertain any such registration at this stage, hence you have to approach the court for the purpose as a legal heir of the buyer against the legal heirs of the vendor, which shall get you the relief of registration of sale deed in favor of the legal heirs of the deceased buyer.
Thank you for your suggestions. 1. Since seller is passed away. who is legal heirs for that land -- what are the documents we need to prove a person as legal heir at the time of registration. I have heard few suggestions from my villagers. 1. Get the legal heir certificate from MRO Office, then with that certificate we can go to registrar office. 2. We need to give court notice to the legal heirs, if they are not responded we can get the land registration. Regarding 2nd point. in this case also do we need to submit legal heirs certificate to court to send notice, or can we just send notice to the particular person stating that your father had sold this property... like this. If that party not responded to the court notice - what is the process to register the land. I mean in this case also legal heir should present at registration office to register. or registrar will register land based on court judgement without presenting legal heirs. as of now those legal heirs are ready to do registration. Please let me know the detail process.
1) since legal heirs are ready to cooperate request them to execute deed of confirmation for sale of land by the their father ie original seller
2) copy of agreement of 1976 should be enclosed to deed of confirmation
3) legal heirs of seller would be his wife and children . legal heir certificate should suffice .
1. If the seller has passed away then his legal heirs are required to execute a sale deed in favour of the buyer or his heirs to convey the title to the latter.
2. The heirs of a deceased Hindu male are his widow, mother and children. So if any one of them is traceable then persuade him to execute the sale deed in your favour. A suit for specific performance may be filed against all or any one of the heirs if the sale deed is refused to be executed by them.
3. No document is required to prove your relationship to the deceased in so far as the execution of sale deed in your favour is concerned as the sub-registrar is bound to register the document on presentation.
The court will pass an ex parte decree if the legal heirs do not honour the summons.
1. Since seller is passed away. who is legal heirs for that land -- what are the documents we need to prove a person as legal heir at the time of registration.
If vendor is no more, then you can obtain a death certificate and a legal heirship certificate through any of the legal heirs of the deceased person and ascertain the legal heirs who can execute the registered sale deed.
2. We need to give court notice to the legal heirs, if they are not responded we can get the land registration.
Regarding 2nd point.
in this case also do we need to submit legal heirs certificate to court to send notice, or can we just send notice to the particular person stating that your father had sold this property... like this.
If that party not responded to the court notice - what is the process to register the land. I mean in this case also legal heir should present at registration office to register. or registrar will register land based on court judgement without presenting legal heirs.
If the legal heirs do not cooperate for registering the sale deed in your favor, you may get the details of the legal heirs, file a specific performance suit against them, if they fail to appear before curt, the court may set them as exparte after which you can get the sale deed executed and registered through court directly without the presence of the legal heirs before the registrar.