The Supreme Court of India in 2012, in the case of Suraj Lamp – Industries (P) Ltd (2) v. Haryana State, while the treatment of the validity of the sale of real estate by proxy, has done under: An agreement for the sale, is an agreement for the sale of a property in the future. This agreement sets out the conditions under which the property in question is transferred. From your account, it seems that a mortgage deed, not a deed of sale (as you said), was executed between your father and this man. In a mortgaged property, the mortgage has the right to sell the property under mortgages to apply the proceeds of the sale to the forfeiture of the amount it borrows. It can successfully evict you by suing for the restoration of the property. In order to prevent him from obtaining ownership of the property without following the remedies, you can file a cease and dese with him. Sir with the sale, what kind of agreement was the same. present the document to the sub-registry lawyer in person.
2. Thus, as the agreement has heard ownership of him, 3) there is a clause that if the father is not in possession of delivering what is the wiuld effect, although it has been decided that such transactions are illegal and cannot be recognized as valid in accordance with the law, the Supreme Court has continued to try to distinguish these illegal transactions from authentic transactions concluded by parties of good faith. In addition, referring to Sections 53A and 54 of the Property Transfer Act and its decisions in Narandas Karsondas/SA Kamtam (2) and Rambhau Namdeo Gajre/Narayan Bapuji Dhotra (3), the Supreme Court held that the transfer of land by sale could only be done by a deed of transport. In the absence of a transport obligation (which must be duly stamped and legally registered), no right, property or interest in real estate can be transferred. The Tribunal also considered the importance of recording documents recording sales or transfer transactions and the need for all states to take steps to reduce wrongdoing and thereby reduce the dissemination of uncovered assets (or dirty money) into society. If the seller does not sell or return the property to the buyer, the buyer is entitled to a special benefit in accordance with the provisions of the Specific Relief Act of 1963. A similar right is available to the seller as part of the agreement to require a certain benefit from the buyer. In the future, a sale agreement is to be promised that the property will be transferred to the rightful owner, while the value of the sale is the actual transfer of the buyer`s property. In cases where you have acquired and taken possession of a property under a sale agreement, the title to the land will still remain with the developer, unless a sales record has been subsequently executed and registered under the Indian Registration Act.