Conditional sale

This query is : Resolved 
 

(Querist)
29 January 2019

TWO PERSON 'A'(BUYER) AND 'B'(SELLER) DID REGISTERED CONDITIONAL SALE DEED OF A AGRICULTURE LAND IN 2006. ACCORDING TO CONDITIONAL SALE DEED IF 'B' COULD'T PAY 100000( TOTAL MARKET VALUE IN 80000 IN GOVT RECORD) RUPEE TILL 25 OCTOBER 2010 THEN CONDITIONAL SALE DEED CONVERT INTO REAL SALE DEED AND BUYER 'A' WILL WE THE ABSOLUTE OWNER OF PROPERTY AND GET POSSESSION AND MUTATION IN GOVERNMENT RECORD. SELLER 'B' DIDNOT PAY 100000 TILL BEFORE AND AFTER THE SPECIFIED DATE IN THE DEED. SO AS AN OWNER OF LAND BUYER 'A' SOLD LAND TO 'C' (WHO IS MY FATHER) IN 10 MARCH 2012 BY REGISTERED SALE DEED. NEW BUYER 'C' GET MUTATION(DAKHIL KHARIJ) OF THIS LAND ON HIS NAME AND GET POSSESSION OF LAND IN APRIL 2012.SINCE APRIL 2012 TO 2019 'C' PAYING PROPERTY TAX CONTINUSALLY AND DOING CROPPING AND CULTIVATING OF LAND AND POSSESED. ALSO 'C' GET AGRICULTURE LOAN ON THIS LAND.NOW THE PROBLEM IS THAT THE SON OF PREVIOUS SELLER 'B' GIVE A NOTICE THROUGH HIS ADVOCATE TO 'A' AND 'C'THAT B HAVE NO RIGHT TO SELL THE LAND TO C(MY FATHER) BECAUSE IT IS A CONDITIONAL SALE DEED. CAN MY FATHER 'C' FACE ANY PROBLEM IN FUTURE. WE HAVE registered SALE DEED,MUTATION IN GOVERNMENT RECORD,PROPERTY TAX,POSSESSION ETC ...PLEASE REPLY SIR....


K.K.Ganguly (Expert)
Click to Talk
30 January 2019

1. Sale Deed can not be conditional.

2. There can be sal agreement where in the said conditions be specified.

3. Sale deed is registered after sale is conducted i.e. full consideration is received by the seller and title of the property is thereafter conveyed in favour of the buyer.

Vivek (Querist)
30 January 2019

Sir in first deed conditional sale is on full consideration amount above of market value.according to registered deed if B couldn't pay the sum in specified date the deed convert into absolute sale deed and a will be owner. So after due date my father purchased land by registered sale deed in 2012 on behalf of conditional sale deed.and enter mutation in government record on the behalf of previous conditional sale deed and my sale deed.paying property tax 2012 to till now.and peacefully possession on land and taken kcc loan. Can my father face any problem by son of B

Vivek (Querist)
30 January 2019

at the time of purchased my father ask registrar and local advocate the all have said that after default of B it is a sale deed and buyer A can sell it.then my father purchased said land from A. previous 7 years of my registry my mutation record propery tax never challanged by B AND HIS SON.now he is creating problem..can my land registry cancelled after 7 year of registration and mutation

kavksatyanarayana (Expert)
30 January 2019

1.Yes. Sale deed cannot be conditional. 2. Your are telling that B is the seller in First query. But in the above B could not pay the sum in time, if B is the seller why did he pay? A who is buyer shall pay the price or consideration of value of the land. so your query not clear. state details or show the documents to a well versed lawyer of your area.

Vivek (Querist)
30 January 2019

Sale with a condition of repurchase ....it is
A common thing

Vivek (Querist)
30 January 2019

www.lawyersclubindia.com/.../Conditional-sale-Deed--158601.asp

Vivek (Querist)
30 January 2019

According to deed buyer A gives to 100000 to seller B. but if seller B return 100000 in specified date the land remains with B.but if he couldn't pay 100000 in specified date to A then conditional sale convert in absolute sale deed and A will be the owner of land.....

Dr J C Vashista (Expert)
31 January 2019

Show the document of Sale Deed to a local prudent lawyer for better appreciation, guidance and proceeding.
Well analysed and advised by experts, no Sale Deed can be "conditional" as stated by you.
Prima facie it is an academic exercise.

P. Venu (Expert)
02 February 2019

In my understanding, sale deed with option to repurchase and mortgage by conditional sale are known to law. From the facts stated, the transaction in the present case appears to be a sale with option to repurchase. Admittedly the vendor in the first sale had not sought to exercise the option within the specified period, As such, his son has no right, whatsoever, to attempt to exercise the lapsed option at this juncture.

Vivek (Querist)
02 February 2019

A lot of thanks p.venu sir.......



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