Lost Agreement of Sale for Old Property - How to Register
2 years ago
I purchased land on Agreement of sale about 30 years back, constructed a house, and lived there continuously. But I did not get the land registered in my name. To my bad luck, I have even lost that Agreement of Sale.
How do I get the land registered in my name now? Is it possible to get the property registered on the claim of adverse possession?
The previous owner (and his wife) has died already long back. But some of his sons are alive now (but some are deceased). Can they sign on Sale Deed on behalf of the previous owner? Should all of them sign on Sale Deed.
Please let me know if there are other options.
Thanks in advance
Adv. Sarika Khude
Responded 2 years ago
The sale deed contains details of the transfer of property ownership from a seller (vendor) to a Buyer (Purchaser). Sale deed essentially renders the sale complete. Yes sale deed can be assigned but you need to have the signatures of the living wards of the owner and also the legal heirs of the dead wards.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
To claim adverse possession,your title must be hostile to the recorded Owner/ s of the property. Hon'ble Supreme Court of India in its verdict had clearly stated that the possession of property by a person claiming under an agreement of sale pending execution of a registered sale deed is permissive possession and that such a person cannot claim adverse possession. Therefore,if you claim to be the buyer of that property,then you are not entitled to claim adverse possession.
If you are willing to make registration now, then contact all the legal heirs of that deceased person for execution and registration of that Sale Deed in your favour. Please take note that deceased Owner's deceased children's spouses and children are also his legal heirs and heiresses for this purpose.
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