Agreement on property
sanni
(Querist) 29 April 2015
This query is : Resolved
Sir/Madam my uncle is going to buy a property(residential plot) but my friend told me that sometimes owners can have done an agreement on property with any other person.sir my question is that suppose if owner have done any type of agreement with any other person and he does registry on my uncle's name in jda(the plot is jda approved and the registry will be done in jda Jaipur development authority's office) than can my uncle face any type of problem or the registry can be revoked.And what can we do to safely buy a property.plz help....
I.S.Roy,Advocate
(Expert) 29 April 2015
Dear Sanni
Certainly, if such assumption agreement prior to your sale agreement then the said vendee i.e. buyer have chances to file suit for specific performance and your uncle has to add as party those proceedings so verify very cautiously
with regards
I S Roy, Advocate
sanni
(Querist) 29 April 2015
Sir we talked to the owner of the property he is saying that he has not done any type of agreement.sir what can we do if he is lying.sir if we publish a notice in newspaper giving 15 days time to report any tipe of dispute then it can be a resolution because it is very difficult to know that whether he has done or not any agreement.
P. Venu
(Expert) 29 April 2015
You can incorporate the assurance from the owner (that he has not entered into any such agreement with any other person) in the agreement to be executed in your favour..
Guest
(Expert) 29 April 2015
Dear Sanni,
Academic query.
If you have any suspicion about the deal, why to enter in to any such transaction? Search another property. If your uncle is so interested in that property and your friend has created doubt in your mind, why not you along with your friend investigate the matter to find out if the owner has already entered in to agreement with any other party also.
Like your academic query, as a student, in hypothetical situations anything can or cannot happen. Try to tacle your hypothetical academic problem, as per your course matrial.
sanni
(Querist) 29 April 2015
Sir he did not tell for that particular property he just said that it happens some time that owners do agreements with others.I just want to eliminate this possibility.do publishing a notice giving 15 days time to report any type of dispute in newspaper can eliminate this possibility or it will be very kind if you suggest more options to escape this type of problem after buying the property because it is very difficult to check manually for it.
sanni
(Querist) 29 April 2015
Respected venu sir if owner execute in bond that he has not done any agreement then will it eliminate the possibility of facing any problem
Guest
(Expert) 29 April 2015
You can issue public notice in news papers and ask public to come forward with objection, if anybody is against the sale of that property.
Rajendra K Goyal
(Expert) 29 April 2015
You can give public notice.
However, it may not save from litigation but would provide good defense.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
Why dont you take a legal opinion about the property on your own from a lawyer of your choice before purchasing, this will clear all our doubts.
Biswanath Roy
(Expert) 05 May 2015
1. Search from the local Registry office whether the property is encumbered with any kind of agreement for sale, charge or lien etc. by engaging an Advocate conversant with such procedure and obtain a clearance certificate from him.
2. Obtain an Indemnity Bond from the owner of the property to indemnify you from any and all future liabilities or claim over the property by any third person or persons and get it registered.
3. Make paper publication in two local news papers that you have entered in an agreement with the owner of the property to purchase the said immovable property, so if any body has any claim or objection he must submit his such claim and objection in your Advocate's office within seven days from the date of publication, thereafter no claim or objection will be legally admitted or entertained.
sanni
(Querist) 06 May 2015
Thank you sir
