Purchase of self acquired property

Proprietor

I have entered into Registered Agreement of Sale on 08-01-2018 with X (78 years)and Y (72 years) (Vendors) for property No. 10 & 11. I have given a Paper Advertisement in leading Kannad and English news paper on 10th January 2018 In this regard. Both are husband and wife.  Mr X by profession Engineer and contractor and worked for more than 50 years and done many Government and Private Contract work.

Y had purchased property No. 10 during 1999 and X had purchased property No. 11 during 2000. Both the sale deeds (1999 and 2000) are silent about the source of fund. In 2003 they have merged the property and constructed a commercial property on the site No. 10 & 11.

X and Y has  4 Daughters and a Son. Son is not living with them from past 15 years.

I have received call from the vendors saying that the Son has put a case of partition and made X , Y and four daughters as defendant.

After listening to this I have taken Notarized Affidavit and NOC from all the four daughters saying that the said property is self acquired property of their Father and Mother and They have no objection in selling the property to Me and will give consent for sale deed or they will come forward and execute the necessary documents. And Indemnity clause is also there.

The Plaintiff Son 1 in his suit claims that His father had sold the property which is ancestral property and sold during 1995. Out of sale proceeds and rental from the said property he had purchased the property No. 10 & 11.

I feel I have Two option with me now

  1. Cancel the agreement  and take Back the Advance amount.  If I cancels the agreement The Vendors have no money to repay the Advance.
  2. I Purchase the Property by Making the all the Four Daughters and Vendors as party to Sale deed. In this case the Son can challenge the Sale and make me also party and may cancel the sale transaction.   

Please advise me on further course of Action from My side. If any other alternative also please advise 

 
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subregistrar/supdt.(retired)

For a self-acquired property only the owner has full rights to transfer the property as he/she likes.  either sons or daughters have no right. And you issued paper advertisement in news papers.  then he did not object it by sending a request to you.   the vendors acquired the property from the sale proceeds of ancestral property as per their son's plea.  Is it mentioned in the previous deeds (at the time of purchase of site 10 and 11)?  However their son filed a case against this property.  Anyhow you have got Registered sale agreement.  so contact the local experience lawyer  with the Sale agreement and previous documents.

 
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FIN

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

 
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FIN

 

Which personal law applies to the Vendors e.g; are they Hindu?

Is the said property indeed ancestral?

You may show the mutation records with all link docs to a very able Local senior counsel of unshakable repute and integrity specializing in civil matters and having successful track record.

Such counsel can also appraise you of strategies to handle the matter with vendors that all of sudden have NO money to refund, and whose son that is not staying with them for 15 years but has learnt the agreement to sell signed with you.

 
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Proprietor

I have consulted 3-4 Senior Advocates All of them are of the opinion  that I can go for registration as 5 Persons out of 6 are becmoing party/ consenting witness to sale deed. Even plaintiff wins also he can claim only 1/6 th share in the property and the court will valuate the property and allows him to take the 1/6th Monetary value.

 

My Worry is Sec 52 of TP Act which talks about Lis pendency by which Sale deed should not get cancelled. Please help me out in this regard

 
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Proprietor

After consulting with senier Advocates I have decided to go For registration with the X and Y as party to Vendors and their Daughters as Consenting Witness or main party to sale deed. Yesterday I have recieved Notice Impleading Me also as party to the suit and the hearing date is 20.03.2018. Now my query is

1. After recieving the court notice if I go for Sale deed before the next hearing date , Whether the whole sale deed will get cancelled or only 1/6 th share (if plaintiff succeeds) has to departed.

2. After recieveing notice also if I Register the property does it affect the My status of Bonafide Purchaser ?

3. Whether ther is any problem in Getting the Khata transfered in my name ?

 

 

 
Reply   
 
FIN

Have your senior lawyers confirmed the disputed land was ancestral?

The co-sharers may decide to sell their divided/undivided share in land or structure.

Your seller that does not have money to refund agrees to let 1/6t of consideration remain with you till outcome of litigation?

 
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