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Dear sir / Madam. n In 1991 my grandfather entered an unregistered sale agreement. Took full amount
18-Mar-2023 (In Property Law)
Dear sir / Madam. n In 1991 my grandfather entered an unregistered sale agreement. Took full amount from the buyer. Agreement and Land Original document is with the buyer. The buyer not coming for registration since then. After an enquiry with the buyer and the Land. The agreement is with private Financer and the 3rd party is in position without my grandfather concent. Even in adangal the 3rd party name is there. It is very clear we haven't done registration to the buyer nor 3rd party. The buyer denied to show me the proofs like agreement, original document, Tax Bill's. My grandfather expired 2 years back before that he written registered will of 4 acres on my name. I've registered will, duplicate Land document from Sub register, Old pattadhar passbook, Nakal. My prayer is to take the 4acres Land Back. Please advise Sir/ Madam. Thanking you.
hi as it was an unregistered agreement of sale, he had no rights and you could make an application to the concerned authorities to rectify the name and if he is interfering with your land then you could file suit for injunction against him
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Adv. Baddam Aravind Reddy
Secunderabad | 500+ Answers
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Unregistered sale agreement validity in tamilnadu
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Based on the facts provided, it seems that the unregistered sale agreement between your grandfather and the buyer is not legally binding and does not transfer the ownership of the property to the buyer. However, the possession of the property by the third person and his name being entered into the revenue records may complicate the matter.
Under Indian property law, a sale agreement for immovable property must be registered to be legally binding and enforceable. In this case, since the sale agreement was not registered, it cannot be enforced against your grandfather or his legal heirs, including you.
You can take legal action against the third person who has taken possession of the property without your permission. You can file a suit for possession of the property and seek an injunction to restrain the third person from interfering with your possession of the property. You may also file a complaint with the police against the third person for trespassing and wrongful possession of the property.
Under the Telangana Pattadar Passbook Act, 2020, you may be able to claim ownership of the property based on the registered will left by your grandfather. The Act provides for the issuance of a Pattadar passbook to the landowner, which serves as evidence of ownership of the land. You can apply for a Pattadar passbook and provide the registered will as proof of ownership. However, if the third person has already been recorded as the owner in the revenue records, you may need to challenge this record and prove your ownership through a legal proceeding.
In summary, you can take legal action against the third person for wrongful possession of the property and seek an injunction to restrain him from interfering with your possession. You can also apply for succession and get a Pattadar passbook under the Telangana Pattadar Passbook Act, 2020, by using the registered will deed as a proof of your ownership.
However, you may need to challenge the revenue records/ Pahani entries/ Adangal and prove your ownership through a legal proceeding.
It is recommended that you consult with a lawyer who specializes in property and revenue law to determine the best course of action in your specific case.
Under Indian property law, a sale agreement for immovable property must be registered to be legally binding and enforceable. In this case, since the sale agreement was not registered, it cannot be enforced against your grandfather or his legal heirs, including you.
You can take legal action against the third person who has taken possession of the property without your permission. You can file a suit for possession of the property and seek an injunction to restrain the third person from interfering with your possession of the property. You may also file a complaint with the police against the third person for trespassing and wrongful possession of the property.
Under the Telangana Pattadar Passbook Act, 2020, you may be able to claim ownership of the property based on the registered will left by your grandfather. The Act provides for the issuance of a Pattadar passbook to the landowner, which serves as evidence of ownership of the land. You can apply for a Pattadar passbook and provide the registered will as proof of ownership. However, if the third person has already been recorded as the owner in the revenue records, you may need to challenge this record and prove your ownership through a legal proceeding.
In summary, you can take legal action against the third person for wrongful possession of the property and seek an injunction to restrain him from interfering with your possession. You can also apply for succession and get a Pattadar passbook under the Telangana Pattadar Passbook Act, 2020, by using the registered will deed as a proof of your ownership.
However, you may need to challenge the revenue records/ Pahani entries/ Adangal and prove your ownership through a legal proceeding.
It is recommended that you consult with a lawyer who specializes in property and revenue law to determine the best course of action in your specific case.
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Adv. Zuber Syed
Hyderabad | 25+ Answers
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