land dislute and priority
jyoti
(Querist) 07 January 2018
This query is : Open
i want to know what is the priority of land over sale deed agreement and registered sale deed. is it possible high court cancle the sale deed becouse of land is under mortrage. but suit filed after registred sale deed
Kumar Doab
(Expert) 07 January 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 07 January 2018
Generically speaking; The secured creditor has a charge.
If you wish you may post full detail and facts in IT's sequence.
jyoti
(Querist) 07 January 2018
i buy a land 2017 jan which is allready mortrage since 2011 now other person filed a suit of specific performa to cancle the sale deed .the sale agreement he made is not registered and now my property under stay.in sale deed agreement he made time is not mention to execute the contract now i am stuck i dnt know what to do.i am in possession of peroperty and spend huge amount of money and time . i wnat to know whether sale deed can be cancelled by agreement to sale . when i buy land there is no suit on property and property is clear.and plese tell me how to remove this stay .
jyoti
(Querist) 07 January 2018
land is agriculture so it is also not easy to prove that the land is under my possession from last one year
Ms.Usha Kapoor
(Expert) 08 January 2018
Sale deed is superior to agreement of sale and hope it is registered and you claim at the time of purchase you don;'t know about it being mortgaged. Instead of wasting your money on not so necessary things you should have paid off mortgage loan and owned the land along with the current possession of suit land which you have.
jyoti
(Querist) 08 January 2018
i tried to pay the money to other person how gave the mortrage but he is not interested in money he want to buy that land again on same price which he fixed in 2011
P. Venu
(Expert) 08 January 2018
What is the specific performance urged by the mortgagee? What the grounds urged?
jyoti
(Querist) 09 January 2018
specific performance to cancle the sale deed and execute sale deed agreement which was happened 2011
jyoti
(Querist) 09 January 2018
registered sale deed can be cancled by unregistered sale deed agreement is it possible.
