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Property i bought through by a registered agreement to sell


28-May-2023 (In RERA Law)
Sir, I bought a shop in a DDA market from my husband in the year 2011. The payment was made in cash as was allowed in 2011 to purchase property in cash. Since the property is a DDA property the sale was not made by a sale deed but by registering the agreement to sale and the stamp duty was paid on it, as the is the generally accepted practice. All the documents were registered with the registrar in my name. Now in the year 2018, since we are undergoing divorce proceedings, my husband has challenged the ownership on the basis that the sale deed was not executed. My question is was the sale not valid when the agreement to sell was registered and stamp duty was paid thereon? Also, is his contention not valid as per the limitation act, since he is challenging the sale made in the year 2011 in the year 2018.
Answers (1)

Answer #1
751 votes
You are standing in favorable position as Section 53-A of the transfer of property is in your favour, I am sure you are in possession of the said property. if yes, part performance principle applies in your case, with the estoppel viz.Section 116 of the Evidence Act also prevailing in your favour. as many litigations are pending would be convenient if we can see the documents to advice your professionally.
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