Sale deed is not registered need legal suggestion
2 years ago
1. From Karnataka,1983 on June 6 ,A sale deed has wrttten on (Chapa Kagada of 5 Rs) or stamp paper between seller and buyer but this sale deed is not registered. Now both the seller and buyer is not alive.
Now the all the land related governement records like RTC and all in the name of legal heir (Seller Mother (dead) to Son of the Seller(Present name present in records) But in position at the land(Cultivation etc) from 1983 to till date is buyer and his legal heirs only. Question is how the buyer or his legal heirs can claim the property ownership?
2. If any other person than seller or Buyer is present at the land can he claim the ownership of the land? any law provisions? ( like he is the person who does the actual cultivation and land related developement takencare of by him and he is brother of buyer, is it chance of claiming the ownership??)
A.First of all since the land is in the possession of the buyer's legal heirs since last 30 years so rightfully they are enjoying the property and if any dispute arise then then the law of adverse possession will come into the picture to play its role.
Secondly there is a sale deed executed by the two parties although they are not registered but yes to prove the transfer of ownership and intention to sale there is a valid document which the court will take into cognizance.
Unless there is a dispute you don't have to worry so much regarding the property.
But at the same time try to talk to seller legal heirs if they are ready to help you out with registration then get this done as that will help you in future for your legal heirs.
Otherwise you can do a declaration deed and get this over.
Speak to a good civil or property lawyer in Karnataka and get this done.
Secondly there is a sale deed executed by the two parties although they are not registered but yes to prove the transfer of ownership and intention to sale there is a valid document which the court will take into cognizance.
Unless there is a dispute you don't have to worry so much regarding the property.
But at the same time try to talk to seller legal heirs if they are ready to help you out with registration then get this done as that will help you in future for your legal heirs.
Otherwise you can do a declaration deed and get this over.
Speak to a good civil or property lawyer in Karnataka and get this done.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The current descendant's of the buyer can claim rightful ownership title over the property in question through principles of adverse possession. Since any third party is not a party to the agreement between the late seller and buyer, therefore any occupation as such would amount to trespass and is punishable u/S 441 IPC.
If you find my answer helpful then kindly rate me.
The current descendant's of the buyer can claim rightful ownership title over the property in question through principles of adverse possession. Since any third party is not a party to the agreement between the late seller and buyer, therefore any occupation as such would amount to trespass and is punishable u/S 441 IPC.
If you find my answer helpful then kindly rate me.
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A.Hi,
There should not be any external interest over the land if there has not been a fault in government land records. The buyer can claim adverse possession of the property since the limitation period is well and over. As per Hindu Succession Act,u/S 15 legal heirs have been defined and they can claim inheritance over the piece of property in question.
if you find my answer helpful then kindly rate me.
There should not be any external interest over the land if there has not been a fault in government land records. The buyer can claim adverse possession of the property since the limitation period is well and over. As per Hindu Succession Act,u/S 15 legal heirs have been defined and they can claim inheritance over the piece of property in question.
if you find my answer helpful then kindly rate me.
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Sidhaarth
Responded 2 years ago
A.Registration of sale deed is a formality. Since more than 30 years have already expired then question of execution of document and it's authenticity is presumed to be correct, hence, same cannot be question. Further, for more than 30 years land is in possession of buyer and buyer's legal heir hence principle of adverse possession would apply Be buyer and his legal heirs are owner. Sale deed can be looked into for corrobative purpose. So buyer's legal heir should claim ownership.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.The two questions are involved your problems. First sale deed execute on 5 rs stamp paper. This paper is not registered accordingly by law. Sale deed executed also died and purchase also died. Both are died. His successor also alive. Whether a seller sucessior claim his right this disputed land. Whether a third person claims right this disputed land.
According by law the stamp paper written by both sellers and purchaser with his consent so this paper is right according by law. Third person can not claim any right this disputed land. If any problems create by third person the purchaser goto civil court and file a case angaist third person.
Ind seller successor challenge this sale deed which are unregistered documents.
If you satisfied my answer please respond my answer.
According by law the stamp paper written by both sellers and purchaser with his consent so this paper is right according by law. Third person can not claim any right this disputed land. If any problems create by third person the purchaser goto civil court and file a case angaist third person.
Ind seller successor challenge this sale deed which are unregistered documents.
If you satisfied my answer please respond my answer.
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Vaidehi Samant
Responded 2 years ago
A.This matter cannot involve any third party, this dispute can just remain between the buyer and seller and their legal heirs. Ideally the agreement should have been registered but question is whether the seller himself had executed any registered document in respect of the property on basis of which his legal heirs may claim the property or was it ancestral property of the seller? anyhow now see if you feel this would create issues in further transaction of the land you may try to negotiate with the seller's legal heirs and ask them to register the document in the present time, but again this opens a risk that what if they claim money or disagree but lawfully that's the way out or you may wait for 2 to four years more, normally limitation period for filing property dispute matters is 30 years though in exceptional cases it may be condoned/pardoned, hence by 2024 the land should be in a good position to be free from any claims etc, hence your call. Thank you.
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If you have found the answer helpful than please provide review and give ***** as appreciation.
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