Bayanna agreement
vinay
(Querist) 19 October 2015
This query is : Resolved
my father and his brother(my uncle) have been fighting over a piece of farming land for a long time which my father rightfully owns
finally my father got fed up and decided to sell that piece of land to the same fellow (my uncle )
he entered into an bayanna agreement in which he paid half of the sum initially
and the registery date is due next month
i read the document and i fear that he might have been played
because i am pretty sure he is not planning to give the reamining amount becauses of the clauses
it says
1 if my father refuses to get the registery done at or around the date next month my uncle can go to court , fight a case there and get the registery affair sorted out and also my father would have to pay back double the amount he recieved during this agreement
** but there is no clause regarding
what will happen if they refuse to pay remaining amount before the due date i.e
1will there be any consequences or penalties for my uncle
2does the agreement stands void or unvalid
***my question is that :does bayana document by default means that until and unless the agreed amount is paid by my uncle to my father before due date does my father get to keep the money (initial sum) and will still be the legal owner of that land
because i m pretty sure (my uncle) is planning to get back double the amount he paid if he goes by the clauses
Anirudh
(Expert) 20 October 2015
1. Your uncle cannot ask for registration of the sale deed unless he proves that he has paid the full consideration or he is ready to pay the balance consideration at the time of registration of the sale deed.
2. It is not clear whether your father received the part consideration in cash or in cheque.
3. When your father is aware that he is having a running fight over the property, why he failed to take the help of any lawyer in getting the agreement drafted? (Trying to save the money?).
Rajendra K Goyal
(Expert) 20 October 2015
Show the document to your lawyer and discuss.
vinay
(Querist) 20 October 2015
thank you so much for replying sir
1 regarding the initial payment , the payment was given in cash and it's receipt is stapled to the bayanna document at the back
2 regarding taking the help of a lawyer
even i feel the same
my father made a mistake , he should have hired a lawyer
SIR your reply has been very elaborate and enlightening however i still have some doubts
1 now what will happen if my uncle doesn't spring up the money(intentionally) on or before due date
a)initial sum that he paid ,will we be allowed to keep that money or we would have to give that back
**this is the clause i was looking for in the agreement and it's not there
and this was my doubt that does bayanna document by default covers this clause or not even if it is written or not in the document
b)can he(my uncle) go on cooking up excuses(intentionally) saying i don't have the money right now before finally giving up the remaining amount after an year(registery date is next month) or so
which is a loss for us because the value of that same amount of money will be less after a year or so
**no clause regarding this scenario in the bayanna document
sir if you can help me with these queries i will be highly thankful to you
and next time i will seek help of a lawyer
i couldn't help my father this time since i stay someplace else for my studies and wasn't aware that he struck a deal with my uncle
K.S.Srinivas
(Expert) 21 October 2015
Better take copy of the agreement to the Lawyer. After going through the agreement, he will be able to give apt reply.
