Anonymous
16 September 2010 at 10:01
Dear Sir/Madam,
My query is as follows:
A Sale Deed in relation to a flat is executed and registered between two parties. The buyer has not paid the full consideration for the same which was due to be paid within one month of the executio of the sale deed. Out of mutual consent the seller waited for a duration of two months more than the time due. However inspite of that the buyer did not pay the money due. The seller now wants to cancel the sale deed. What is the procedure for the same and what documents will be needed to be executed to revoke the sale deed?
Please help.
The new point here is that the buyer is also willing to cancel the deed as he cannot arrange for the money. Both the parties want to mutually execute a cancellation deed. What will be the validity of this in the eyes of law.
Further can there be novation of contract?
Chetan Pichamuthu
15 September 2010 at 23:41
HI,
I entered into a MOU with a builder to develop a property which was 1st registered(sale agreement) & developed by us(Katha, etc). The builder issued 3 chq's in lieu of MOU(un-registered)for Rs.12 lacs and has issued a stop payment for the 2nd chq citing funds crunch.
I am the consenting witness to his agreement of sale....
Pls guide as to;
1) Remedy u/s 138 of N.I Act.
2) Civil case for injunction for breaching MOU(franked for Rs.200) will court fees/penalty act.
3) Criminal breach of trust...
And any other such provisions/remedies available under law.
allurisivajiraju
15 September 2010 at 22:13
Respected Seniors, Government acquired 5 Acres of land by giving compensation of Rs. 1,00,000-00 per acre which belongs to the 8 persons. After taking compensation from the RDO the said 8 persons filed a petition in High Court for enhancement of Compensation. High court given direction to RDO for conduct enquiry to assess the real value of the said property and also HighCourt given a direction to the petitioners to file a OP in lower Court.
Later on 6 persons are filed a OP in lower court and 2 persons are not joined as parties in the said OP due to lack of knowledge. Then court enhanced the compesation from 1 lakh to 3 lakhs per acre. Now the above said 6 persons are ready to take their compesation with their respective shares.
In the above circumstances is there any suggession to the said 2 persons to get extra compensation awarded by lower court with their respective shares. In fact theabove said 2 persons are not a party in the above said OP but they are parties in a petition filed by them in High Court.
Thanking you in advance.
krishna mohan
15 September 2010 at 13:45
Hi ,
I am planning to buy a flat in electronic city, celebrity paradise layout.
The land where the flats are built has underwent 4 transactions and after the first transaction its a part of the layout.
my question is the first owner has got 2 sons and 3 daughters,during the first transaction when the land was sold to celebrity paradise, on the sale deed only the son's signature was there, and the daughters is not there.and the first trnasacion happened in 1996.
How far is the flat safe for me to buy.
Will the daughters of the first owner still have their right on this piece?
Kindly give me some advice.
Leelavati
15 September 2010 at 12:02
Mr X has died living behind his wife (housewife), 2 sons - Mr L (married and well settled) and Mr M(handicapped and not working).
Who will be the legal heir to the property:
1. House
2. Business
3. Investments
Anup
15 September 2010 at 00:21
Hi,
I am purchasing a resale flat in pune. I have received all the documents from the vendor,except the sale deed between the present vendor & the previous owner from whom the present vendor purchased the property. He did not executed the sale deed and only executed the agreement to sale which is registered in the registar office with full stamp duty paid. Now, the bank which is finincing me asking for this sale document for the legel to clear and to do the disbursement. Please,let me know how can this would be workout?
Regards,
Anup
BRAJENDRA SINGH
14 September 2010 at 22:30
The Supreme Court of India has given a decision on dated 02/09/2010 disallowing sale of Parking place by the Builders.
I shall be thankful in case copy of this judgement is made available to me .
Regards.
Dr. Brajendra Singh
anil
14 September 2010 at 19:10
hai all
here a situation(1) EXECUTANT-SIDE
# ramana(70)-->died
he bought a independent house in 1989, 6 months before he expire he wrote a will and registered in favour of his daughter(sarada)
note:in will one of the witness is siva
#problem is, her brother(late Siva) wife sita stolen the original house doc and telling they are missing and also some private dues are there on this property but not telling the details and nobody came regarding this private dues,then buyers scaring listening all this
#actually she expects some money,but sarada not interested to offer money to sita
#then sarada applied for duplicate doc and got #also she got ec which states no legal dues up to date now
NOW Sarada WANTS TO SELL THAT PROPERTY
-----------
here a situation(2) CLAIMANTS-SIDE
if somebody wants to brought this type of property what are the steps they need to take before buying this property
1)how can sarada prove there is no private dues or issues on this property?
2)after sold ,if somebody came with original doc and said there are due with them on this prop by late ramana
...advice plz
VIJAY SHAH
14 September 2010 at 17:00
CAN I GET POSSESSION BACK OF MY PLOT GIVEN TO BUILDER FOR DEVELOPMENT IN 1991 UNDER M O U
(UNREGISTERED) & POWER OF ATTORNEY (REGD)
IN CONSIDERATION I HAVE RECEIVED ONE SHOP IN HIS ANOTHER PROJECT & TOWARDS BALANCE CONSIDERATION, I HAVE TO RECEIVE A FLAT IN BUILDING DEVELOPED ON MY PLOT.
BUT TILL TODAY NOTHING HAS BEEN DONE.HE HAS NOT REMOVED THE RESERVATION ON THE PLOT FOR WHICH HE DEDUCTED A HUGE AMOUNT FROM MY CONSIDERATION,& AGREED TO REMOVE THE SAME.IN 2008 I ISSUED HIM A NOTICE INTIMATION OF CANCELLATION OF M O U & POWER OF ATTORNEY & GIVEN DECLARATION IN NEWS PAPER.
NOW I WANT TO FILE A CIVIL SUIT FOR POSSESSION OF MY PLOT. PLEASE GUIDE ME IN THE MATTER
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Wilful Default of Rent Payment
SIRS,
LANDLORD FILED RENT CASE AGAINST TENANT (I.E. ME) FOR WILFUL DEFUALT OF PAYMENT OF RENT FOR 16 MONTHS @ RS.3000 PER MONTH I.E. Rs.48,000. I AM WILLING TO PAY THE RENT ON FIRST EFFECTIVE DATE OF HEARING OF THE R.C.O.P. UNDER TAMIL NADU RENT ACT. WILL THE WILLFUL DEFAULT BE SET RIGHT OR EVEN AFTER PAYMNENT OF DEFAULT RENT THE CASE WILL CONTINUE AND EVICTION PROCEED. IN THE ORIGINAL PETITION LANDLORD HAS CLAIMED EVICTION ONLY AND NOT RECOVERY OF RENT DUES. IN THE ABSENCE OF ANY WAY TO CONTINUE THE TENANCY, WHO MANY YEARS CAN I PROLONG THE CASE SO THAT I CAN GET A SUITABLE ALTERNATE PREMISES IN THE CLOSE VICINITY. I AM HAVING MEDICAL SHOP CUM TELEPHONE XEROX BUSINESS. SO I CANNOT MOVE TO CLOSE VICINITY PLACES TO SECURE MY CUSTOMERS. KINDLY GUIDE ME