Problem with sale of property
arpit kumar
(Querist) 10 March 2013
This query is : Resolved
my father have a house and he is selling that house. We have received full payment and going to register the house in the name of buyer.
But my uncle want that we give that house to him for a lesser amount and he is threatening the buyer for not to buy.
My uncle have political power and police are also in favor of him.and because of these reason the buyer is refusing.
What can i do.please suggest me.
ajay sethi
(Expert) 10 March 2013
you have received full payment . some agreement must have been entered into . dont refund the money . send a letter to buyer that you are willing to attned office of Sub Registrar on date for registering the agreement . if the buyer does not come it is his funeral
prabhakar singh
(Expert) 10 March 2013
Unless it is a joint house along with your uncle without partition,your uncle can not legally force you not to sale him.
arpit kumar
(Querist) 10 March 2013
Ajay sir
thanks for your reply.
The buyer is not actual refusing.but he has fear of that threaten and he is saying me that he is not able to fight with my uncle.
And he is requesting,then how can we force him to buy.
If we register the property to buyer.
is there any rule? like - court will issue a notice to my uncle that he cant disturb the buyer.
arpit kumar
(Querist) 10 March 2013
Prabhakar sir
It is not a joint house.
my grandfather have given 3 different houses 1 for my father and 2 for uncles.
We want to shift to other city thats y we are selling our house.
prabhakar singh
(Expert) 10 March 2013
Then you can sale it.
After the buyer gets sale registered in his favor and is put in possession none can disturb him.A suit of Injunction on his behalf would lie against your uncle.
It is unnecessary fear in people that encourages goons.
Rajeev Kumar
(Expert) 10 March 2013
You can sale the property. After the registration and possesions are given to buyer. Your uncle can't do anything. A suit for injuction can be filed against your uncle. You can also file a complaint case for criminal intimidation against your uncle u/s 156(3) of cr.pc. in court and your uncle manipulation will gone invain. Such type of anti-social elements must be discouraged.
Rajeev Kumar
(Expert) 10 March 2013
You can sale the property. After the registration and possesions are given to buyer. Your uncle can't do anything. A suit for injuction can be filed against your uncle. You can also file a complaint case for criminal intimidation against your uncle u/s 156(3) of cr.pc. in court and your uncle manipulation will gone invain. Such type of anti-social elements must be discouraged.
arpit kumar
(Querist) 11 March 2013
Dear experts
kya aisa v koi rule h ki mere sale register krne k baad agar mere uncle ya mere padosi court me ghar k value k brabar amount deposit kr k wo us ghar ko buyer se le sakte hai....?
prabhakar singh
(Expert) 11 March 2013
I have already inquired and you have already confirmed that it is not a joint house dwelling with your uncle.
Hence the rule you are talking about is not applicable to this house.YOUR UNCLE HAS NO SUCH RIGHT WITH REGARD TO THIS HOUSE.
HAD IT BEEN A HOUSE WHEREIN YOU AND YOUR UNCLE WERE LIVING JOINTLY WITHOUT PARTITION THEN CERTAINLY THAT LAW OF PREEMPTIVE BUY WAS ATTRACTED.
