Registration of Sale Agreement
Dear Sirs,
Our father had an agricultural land of about 2 acres in Doddaballapur. We are four children, two sons and two daughters. My father passed away in 1996.The land was not partitioned. Mother was staying alone in Doddaballapur. The eldset son residing in Hyderabad with family and another son in USA, his family, wife and three adult children being in Bengaluru.
In 2001 Nov. we entered into a sale agreement to sell the land for Rs. 33 lakhs with a person who was in real estate business for many years. The sale agreement was valid till the end of March 2002. For some reasons, he could not get the land registered within this time. He asked for two months extension. After lot of discussions, we agreed for extension. May end was the dead line for paying the entire amount and to get the registration done. Even in this period also he didnot get the land registered. Till that date he had paid only 13 lakhs. In the meanwhile, land prices shoot up. We asked for a higher price for which he didnot agree. He started telling that the agreement is valid for three years. We checked with local lawyers but we didnot get any solution in our favour.
The buyer was a municipal councilor and very influential person, he had close contacts in sub-registrar office and with police also whom he was able to use to get his things done. Also we heard many unpleasant things about him. So we decided to register the property at the same price.
But the family members of second son didnot agree to sell at the same price. In spite of that the buyer was ready to buy the property. In October 2002 the registration was done. The balance amount to be paid was Rs.Twenty lakhs. On the day of registration, he paid Rs. ten lakhs cash and he told the remaining ten lakhs is white money and as per law,it has to be given in the presence of sub registrar and he will give it there in the form of Bank Demand Draft.
In sub registrar office we were made to complete the registration process by playing some trick, saying that the DD is under process, as the cash deposited is in small denominations and it is taking more time to count. One person from our side went to the bank to check it and found that it is true. But after every thing is over, we were given two Fixed Deposit bonds totalling ten lakhs in the joint name of sellers and BUYER, stating that the bonds can be encashed when the other legal heir registers the land in his favour. We were in great shock.
As we had not received entire sale consideration , we filed a suit for the cancellation of registration of sale deeds. With great difficulty we arranged for the stamp duty to file the case. After so many hurdles, last year the case was posted for evidence. We submitted all our documents. But the judge is not admitting the copy of the sale agreement as evidence ( original is with the buyer) which is very important for us, stating that it is an unregistered document with insufficient stamp duty and cannot be considered as evidence. He is referring to section 17 of Registration act.
(FYI. This buyer has cheated many other landlords in different manners and there are many cases in the court against him.)
We are seeking cancellation of the registration of property which was got by playing fraud on us. We are not seeking any legal remedy for any specific performance on the basis of sale agreement.
The defendant's lawyer is not attending the case and there is no objection from them to consider the sale agreement as an evidence. Now in this situation how relevant it is to look into the shortage of stamp duty of sale agreement. The case is being posted for hearing for this particular reason many times.
Admitting the Sale Agreement as evidence is very important for us as it is the foundation for what all has happened. IN THIS SITUATION, WHAT WE HAVE TO DO ? Please advise.
Awaiting for your valuable guidance
Kalpana, Bengaluru.