Registered banakhat v/s notarised mou
anish
(Querist) 27 July 2012
This query is : Resolved
Sir
I have made a registered agreement to sale (Banakhat) to purchase property rights of a person at Ahmedabad in June 2012.On giving title notice in newspaper I received objection from a party claiming that he has notarized MOU with my vendor dt. May 2011 which still continues so I can not have clear title and no right to execute sale deed in future. As far as I know registered document supersedes any notarized document. Where do I stand? Do I lose my rights to purchase property?
If my vendor executes a registered sale deed for property rights can I become owner of property since MOU or agreement to sale does not confer titles but sale deed does?
Devajyoti Barman
(Expert) 28 July 2012
You can proceed with the purchase but must keep in mind that if the court holds the MOU valid and allows the prayer of the earlier agreement holder in a suit for specific performance of contract you would be no where.
ashutosh mishra
(Expert) 28 July 2012
You already know too much then why you are asking so much.
Any way now you have SUFFICIENT NOTICE OF A PRE AGREEMENT WHICH IF PROVED TO BE CORRECT IN COURT YOU SHALL BE LOOSING THE PROPERTY DESPITE HAVING THE SALE DEED.
