Ankush Guest
Asked July 19, 2016

Property dispute and false allegations

  • 1 Answer
  • 252 Views

Dear Sir/Mam, I have a query related to Land transactions actually we have 20 acres of land in prime locality and we sold the 20 acres to My friend A and his partners B and C. But the agreement made in written only for B&C as per the A. B&C paid us 1 crore. We registered 6acres (out of 20acres) to B, A' s son and A. But they paid only 11.75 acres and hence we registered only for that much land.

For the remaining(5.75acres) we were ready to register, but after fews days few people went to the high court and got a stay order not to register the lands. Due to high court order the land registration was stopped and we are unable to register the land of 5.75 acres.

After 6 six years the land rates increased more than 20 times.

Mr. A pushed B and C to go to the Court and say that I illegally sold 3 acres to A with out informing them. They have put a case on me u/s 148 and 151 cpc.

We are ready to register the land after approval from High Court. But for the remaining 9 acres, we told we won't register until the interest is paid for the lapse of time. We accepted in written that we have taken the amount and even after lapse of time due to request by them. Kindly assist how to get on it from this situation. Kindly help us.

Answer 1

Presently in India, the sale of land is completed after 3 steps-

  • Sales agreement. This agreement between the parties is to be done on a Rs. 50 Stamp Paper.
  • Title deed. These are documents sowing ownership and rights, obligations or mortgges on the property.
  • Registration. Since 2000, registration of land has become mandatory for the transfer of any immovable property. The details of the title deed will be transferred the registrar. Additionally, registration in the Revenue Department is also essential for complete transfer of property.
  • Legally, sales agreement becomes binding only after the completion of these steps and you can deny registration before such competition of sales process.

    Also, S. 23 of the Registration Act, 1908[1] provides that a document shall be accepted for registration, other than a will, only if presented for that purpose to the proper officer within four months from the date of its execution:

    PROVIDED that a copy of an order may be presented within four months-

  • From the date on which the order was made or,
  • Where it is appealable, within four months from the day on which the order becomes final.
  • You can thus apply for registration by providing copy of the court order within four months from the final order and also you can deny registering the 9 Acres of land without additional payment of interest amount.

     

     

    [1] Available at: http://dolr.nic.in/acts&rules/registrationact(1908).htm

    Agree Comment 0 Agrees about 1 year ago

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