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Registration of property after Buying Agreement


Date: 25 Jun 2016    Group: Lawyers    Category: Indian Law   

My grand father had bought two pieces of land in 1973 and 1975. He registered the first land but unfortunately he forgot to register second property.
So we are now in Appeal in the court of DSLR District Superintendent of Land Records.
The Nominee of previous land owner is now claiming their rights that the property belongs to them. We are living there for 40 years, have all the land documents including municipal receipts and tax receipts.
Can you provide advice regarding further course of action?
Experts: do advice.


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Author: Kailash Kumar    27 Jun 2016      Member Level: Platinum     Points : 0    Voting Score: 0

On the basis of information revealed by the author only this much advice can be offered at this stage that the author should consult a legal professional together with all original records. Only on perusal of the original records any worthwhile legal opinion can be offered by a legal professional. Also since already a court case is going on, it is quite likely that the author has engaged a legal professional. His opinion should be taken and followed in case the author has full trust in the professional. Generally such cases linger on for quite sometime. As of now the decision on the appeal filed in the case will have to be awaited.

Author: Venkiteswaran.    27 Jun 2016      Member Level: Diamond     Points : 4  (Rs 4)    Voting Score: 0

As per the post it appears that an order is already passed and you have gone on appeal . So prima facie there are no proper documents to establish your ownership.

The case is appearing to be difficult.
The core point is why the second land was not registered? Who is holding the original deeds related the land? When the case against you was filed? How many years elapsed by then?

The question why the land was not registered really baffles one. 'Forgot' cannot be so easily accepted. There could have been more reasons. Either the amount of price would not have been paid in full.

You should get the services of a good and experienced lawyer. Even for establishing your rights with circumstantial proofs, you need agreement, sale deed(even if unregistered), receipt for paying the consideration amount as mentioned in the sale agreement and sale deed. Then all these should be supported by possession certificate, tax paid receipt etc. It may not be so easy.

In case the other party is innocent of what happened, then try to convince them and arrive at some compromise. Get the help of some village elders who know the correct fact and convince the other party. It may need some money to be given as compensation. Do it if t can be mutually accepted. Now that the original owner(one who sold land to your grandfather) also is no more it is complicated.

Please take help of a good lawyer because the other party may even file case to evict you. Hence you may need an injunction to prevent that.
The best alternative is to arrive at a mutual agreement and consensus.


Author: Saji Ganesh    28 Jun 2016      Member Level: Diamond     Points : 2  (Rs 2)    Voting Score: 0

I fail to understand how you can stake a claim for a property that has not been registered in your name. I agree that it might have been unfortunate on the part of your grandfather to have not prepared the correct documents related to the property in question but that does not give you a legal right. Forty years and receipts is not going to help you in any way. I sincerely doubt your query. As correctly suggested by Venkiteswaran sir, please do check up with a civil lawyer because your claim does not appear to be legally viable.




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