SALE OF LAND THROUGH GPA
suguma
(Querist) 18 May 2010
This query is : Resolved
Sir I purchased residential plot in Bangalore in 1995. Token amount paid and agreement for sale signed by owners (3 persons) When final amount was to be paid it was paid i.e. sale deed signed by one Mr. Raghu power of attorney holder of all three persons who had signed the agreement for sale
. The power of attorney is not registered with any authority. I do not have original but a copy of the same since the land was huge and as many as 50 persons purchased some portion say 600sq ft 800sq ft. etc. The sale deed was registered and the encumberance certificate from 1995 on that particular residential plot till date i.e.20.2.2010 is showing I am the owner. Now I learn that in 2007 the original owners (all 3 jointly) have sold the same residential plot to Another person Ravi.
But I do not have any document. My friend want to buy my plot and we are shortly entering into sale agreeemnt. By giving a paper notice in the regional language and if no objection received whether my friend can safely purchase the said plot from me? If Ravi objects for sale what to do?
Expert : raj kumar makkad
Posted On
05 March 2010
You should file a suit for declaration against Ravi and previous owners to the effect that you are legally owner in possession of the mentioned plot and the defendants wants to dispossess you so it be declared that you are legally owner in possession and in the written statement, they shall bring their defence then challenge their Sale-deed
author : Anonymous
Posted On
18 May 2010
Since it takes years to get relief from court of law whether it is legal to enter into an agreement with my friend for 50% of the present market value on the condition that once court decision is in my favour balance 50% will be payable by him with int at 12% p.a. from date of sale deed till court order. What if court decision not in my favour? Whether we should include a clause that 50% already paid will not be refunded.
Raj Kumar Makkad
(Expert) 19 May 2010
If case is not decided in your favour then why your friend should suffer and why his already deposited 50% amount of sale consideration should be forfeited?
Such clause is illegal and harsh. Owner is responsible for any lacunae of sale documents/title to the property and buyer cannot be punished on this ground.
Uma parameswaran
(Expert) 20 May 2010
You could not make such conditions in sale deed.Try to sell the property after finishing all existing noose.
suguma
(Querist) 20 May 2010
If I will dispose off the property for 50% of present market value and buyer is ready to buy,what if i make a distress sale? Since the buyer knows the defect if he is unable to get possession can he file case against me for refund? Or should I include a clause in the sale deed that this distress sale is being made due to someone has encroached my property and that I am not liable for refund in case the buyer unable to get possession? Or what should be the legally worded clause to be incorporated in the sale deed in such distress sale of properties
Ashok Yadav
(Expert) 22 May 2010
You can not enter this type of clause in sale deed. You should execute only agreement to sale with him, with this condition, and do not mention any date for execution of sale deed. It will be a proper way to sell the property.
Firstly you should cheque the status of property, in whose name its regd. at present. Had it mutated in your favour in revenue records or not. If it was mutated in your name then how the previous owner can sell the property. If mutation was not done in your favour, why you forget this point. There are many questions which should be replied before proper advice.
