unregistered sale agreement before 20 years
11 months ago
My father purchased a land of 45 cents from my uncle by a sale deed on 100/- stamp paper in the year 2003. In which near about 32 cents of the land was acquired by the government of andhra pradesh for the purpose of irrigation canal. My father thought that total land was taken by the government. Infact 13 cents of land was still there. But my uncle cheated my father saying that total land was taken by the government. Recently when I surveyed our property it was found that 13 cents is still there. My uncle passed away 4 years back. When I asked their family members they refused to handover the land. My uncle has 6 brothers. Now the 13 cents were transferred to one of the brother. Infact in the unregistered agreement 2 brothers were signed as witness also. ( the signed brothers are now not the present owners of the land, another brother who have not signed on the unregistered agreement is holding the property).
As my father purchased by paying total amount and made an agreement in written on 100/- stamp paper, am I eligible to claim the property.
As per the information you hav given yes you can institute a suit against them in thecourt of law as the. In a supreme court judgement it was held that an unregistered agreement is not admisable as evidence under section 49 of registration act but it can be used as collateral to the evidence for aiding the court to reach out to an conclusion.
For better clarity you can consult with an advocate.
It appears from the content of your query that both the executor of unregistered deed of sale passed away and now family of one executor unauthorizedly occupying the property which were bought by your father about 20 years ago.
As a matter of fact since the property is self acquired property you being the legal heir can claim your title of it even it's acquired on the unregistered deed of sale invoking specific performance. But your claim is now barred by limitation and the land is under adverse possession for couple of years. So it's a difficult task to get back the land at the belated stage in view of above lacuna.
Reach out to an Advocate for guidance and steps.
The limitation is three years to file specific performance suit. Any contents of the sale agreement are most important. Show the document to nearby advocate and get correct advise.
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