1) registration of sale deed has to be done with maximum period of 8 months

2) approach the seller and request him to execute deed of confirmation

3) deed of confirmation should be stamped and registered

Dear Client,

Sale Deed is invalid if not registered. But on the basis of long peaceful possession, ownership in the property is valid.

In your case, it is evasion of stamp duty. If any time question will arise, to get it registered, you have to pay the stamp duty on present value.

This sale deed must have been compulsorily registered.

Try to trace the seller and register is sale deed now.

If he's not alive, his legal heirs can replace him and perform the necessary formalities in his behalf.

Sale Deed if not registered has no validity, of its own. However a sale Agreement has validity if it is extended and if the payment has been made, by the buyer.

Hello,

You may now get the same registered.

Just that the person who sold the land has to appear before the sub-registrar.

Regards

father legal heirs can execute deed of confirmation

2) as on date you dont have clear and marketable title to property

3) offer some money to the legal heirs to execute deed of confirmation

Hello,

File a suit then and the court will issue notice and then the son will appear before the court.

Yes the son may sell the land to some other person.

Regards

That will be cheting and forgery if he sell the property to other person.

If he refusing for registration - suit of specific performance remedy- but barred by limitation.

An unregistered sale deed of an immovable property of the value of Rs. 100/- and more could be admitted in evidence as evidence of a contract in a suit for specific performance of the contract. Such an unregistered sale deed can also be admitted in evidence as an evidence of any collateral transaction not required to be effected by registered document. When an unregistered sale deed is tendered in evidence, not as evidence of a completed sale, but as proof of an oral agreement of sale, the deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale under the proviso to Section 49 of 1908 Act

Need to see the document. If it is an agreement it can be registered.

The effect of non-registration of this sale deed is that you do not have clear marketable upon your property.

Approach the Court and file a declaratory suit.

The sale deed executed by grandfather has to be registered when he is alive. You can't sign the registration documents on behalf of him now. Now the said Registration can only be possible once the said property is legally transferred to the legal heir and he registers the same.

Hi, no other person can write other than the son.

Hi

1) Since your grand father had purchased the land 25 years ago and you have some unregistered documents to that effect, and that parties (except the son) have passed away and in the event of you being in possession of the property, you can claim ownership of the property by adverse possession.

2) The concept of adverse possession contemplates a hostile possession i.e. The possession which is expressly or impliedly in denial of the title of the true owner to the knowledge of the true owner and claiming the title as

an owner in himself by the person claiming to be in adverse possession. In other words such hostile possession shall not be secret and person in adverse possession must not acknowledge the title of the true owner but has

to deny the title of the true owner. The adverse possession must be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the former's hostile action

3) In the case of Amrendra Pratap Singh vs. Tej Bahadur Prajapati,(2004) 10 SCC 65, it has been held that, the process of acquisition of title by adverse possession springs into action essentially by default or inaction of the owner. Thus, a method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for the period prescribed by law is a adverse possession.

4) It is important to note that the starting point of limitation of 12 years is counted from the point of time “when the

possession of the defendants becomes adverse to the plaintiff” .

So technically, given that 25 years timeline has passed, you can claim your title on the grounds of adverse possession.

Hope this information is useful.

Unregistered sale deed should be registered within four months of its execution and under special circumstances the time limit would be extended for 8 months.

You cannot get the 25 years old sale deed registered at this stage.

Alternately you can get the property registered on the names of the legal heirs of your grandfather by the legal heirs of the original owner (if the original owner is not living anymore).

You can also issue a legal notice to the legal heirs of the deceased owner to register the sale deed in the name of legal heirs of the purchaser failing which you can either file a specific performance of contract suit or declaration suit to declare the title.

That property wrote together a father and son. but that father is dead now. His son is not now writing. any alternate process available. Does he have the right to sell that land again to other person?

Since the property is under your possession and enjoyment he cannot sell the property to a third person at this stage.

You may initiate proper legal action as suggested in my previous post for relief and remedy

You can discuss the matter at length with the local lawyer and proceed.

If the one of the party is died than how agreements will take place there should be offer and acceptance of the agreement than only it will be treated valid in the eyes of law and it has not presented in the front of registrar to change the ownership of property. How government will come to know that the property is sold or not. Now the parties must be alive to sell. So this is not a valid agreement document as of now.

If the sale deed not registered then it doesnot have a validity. Though it can be taken as evidence under section 49 of Registration Act as a proof of valid contract.

If the son is not agreeing file a declaration suit in civil court for declaring title of the land.

Under registered sale deed is not valid.