Manish Joharle
11 February 2014 at 19:20
I had bought about 8 ghuntas of Land in Pune for about 28 lacs in Aug 2011. The sale deed was executed and duly registered with the Seller called as Sawant. While executing the Sale deed the 7/12 did not have Sawants name but the name of the earlier owner called Sethi. Sawant promised that he had applied and once his name appears he will also get my name registered on 7/12. Later after an year Sawant informed that he has been duped- the Sethi from whom he bought was an impostor and not the real Sethi. He has agreed to cancel the sale deed and return our money.however he is dragging the matter and unable to collect the money he promised to return us.I also later ascertained the matter and confirmed that he was really duped .He owns a flat worth 35 lacs where he stays currently which he says he can sell it to us in exchange of the money. The flat is mortgaged to a bank and about 4 lacs needs to be paid to release the flat from bank. I can either pay this or transfer the loan on my name. My question is : Can Sawant and self execute a sale deed of the flat ? is it legally possible since no money will be transacted ? Looking forward to your valuable advise. In the above case as yet I do not wish to go for litigation but try to sort out the matter amicably at first.
Land and recovery
I had bought about 8 ghuntas of Land in Pune for about 28 lacs in Aug 2011. The sale deed was executed and duly registered with the Seller called as Sawant. While executing the Sale deed the 7/12 did not have Sawants name but the name of the earlier owner called Sethi. Sawant promised that he had applied and once his name appears he will also get my name registered on 7/12. Later after an year Sawant informed that he has been duped- the Sethi from whom he bought was an impostor and not the real Sethi. He has agreed to cancel the sale deed and return our money.however he is dragging the matter and unable to collect the money he promised to return us.I also later ascertained the matter and confirmed that he was really duped .He owns a flat worth 35 lacs where he stays currently which he says he can sell it to us in exchange of the money. The flat is mortgaged to a bank and about 4 lacs needs to be paid to release the flat from bank. I can either pay this or transfer the loan on my name. My question is : Can Sawant and self execute a sale deed of the flat ? is it legally possible since no money will be transacted ? Looking forward to your valuable advise. In the above case as yet I do not wish to go for litigation but try to sort out the matter amicably at first.