Please help , my mother is in trouble !
nisha
(Querist) 19 August 2014
This query is : Resolved
One year ago my mother purchased a 27 sq yard house and at that time she transfered the ownership on noterrised deed becouse seller and dealer said that it will work same as registered deed do but now when my mother want to sell this property the buyer says the he want registry by the first owner or u will will have to pay double of my token money and on the other side my mother ask the firt owner to help in getting registry the they also want 1.5 lacs to do this.
Sir plz help , my mother is very helpless everyone is asking money even when she is selling property in loss.
Sudhir Kumar, Advocate
(Expert) 19 August 2014
notarized sale deed has no value.
please meet lawyer with papers.
Anirudh
(Expert) 19 August 2014
Dear Nisha,
This is what happens. When valuable property is being purchased, people do not want to consult anybody (for they want to save money).
Please remember, whenever the property is purchased then Stamp Duty is payable on the value of the property. Apart from this Registration Fee is also payable. Only then the purchase becomes valid.
Therefore, when the seller wants money, please find out from him, whether he is wanting this money for stamp duty + Registration charges or else for what?
In any case, as rightly advised by Mr. Sudhir Kumar, you have to approach a local lawyer.
malipeddi jaggarao
(Expert) 19 August 2014
Your mother does not get a title to the property as notarized sale is not a recognized mode of transferring the property. The prospective buyer is right in asking that the registration should be by the first owner. At what price your mother purchased the property and when? At what price she is proposing to sell the property?
You have no alternative except to get the registration in the name of prospective buyer by the first owner. His demand of Rs.1.50 lakhs can be negotiated for a lesser amount through mediators.
Devajyoti Barman
(Expert) 19 August 2014
Yes, meet a local lawyer with all papers.
Nothing to worry. if your mother files a suit for specific performance of contract against her seller, he will be bound to register the deed once court passes the decree.
In the meantime cancel the sale agreement with purchaser and return his money. He can do nothing.
Surender Kumar Sharma
(Expert) 19 August 2014
i THINK ADVISE OF Mr. D BERMAN IS RIGHT AND BETER YOU CONTECT YOUR LOCAL LAWYER WITH THIS LINE. DONT HURRY FOR SALE YOUR PROPERTY YOU MAY GET BETTER COST THEN TODAY IN FUTURE SO CONTACT LOCAL ADVOCATE AND FILE CASE AGAINST THE SELLER. WHAT IS THE TERMS AND CONDITION OF THE AGREEMENT OF PRESENT SALE FOLLOW THAT.
nisha
(Querist) 19 August 2014
Thank you to all the experts for the suggestions !
In this situation can we file a case against the first owner coz he is not helping us for getting registry of the property after taking all the money for their property?
My mother has a noterrised ownership on her name sighned by first owner and the rigstered ownership of first owner also, can these document help her?
anand
(Expert) 19 August 2014
Hi Nisha
Please dont file case as once the litigation will start you will get nothing the best way to settle the matter amicably with the first owner as advised in the last para of Mr. malipeddi jaggarao and thus try to settle the matter and get the sale deed either in your mother name or in the name of the prospective buyer.
Y V Vishweshwar Rao
(Expert) 19 August 2014
1- To settle the mater with your Vendor and get the sale deed executed by Your Vendor as Vendor No;-1 and your mother as Vendor No;-02 in favor of Your Purchaser .
/or/
2- To get proper title in your mother's name -by filing suit for Specific Performance against your Vendor (the Possession of Property is with Your mother)
Rajendra K Goyal
(Expert) 19 August 2014
You may file suit for specific performance against the first owner, you have to return the claim of new purchase agreement holder and to face a litigation for 4-5 years minimum. Case would be decided on merits.
Or
You may amicably settle the matter with first owner, pay him the agreed amount and settle the matter finally and immediately.
Choice is yours.
Biswanath Roy
(Expert) 20 August 2014
YOUR MOTHER SEEMS TO BE VERY CUNNING LADY. SHE AVOIDED PAYMENT OF STAMP DUTY AT THE TIME OF PURCHASING THE PROPERTY NOW SHE SHALL HAVE TO FACE TROUBLE TO SELL THE PROPERTY MERELY AS CONSEQUENTIAL.
V R SHROFF
(Expert) 20 August 2014
consult local lawyer, and get it done as per law.
You have to pay .. cannot escape. cannot eat on both ends!!
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
The experts are right that the property purchased but sale deed not registered properly is considered invalid in the eyes of law, thus the demand of new purchaser is justified. If you have avoided paying stamp duty then, you may have to pay it now at the enhanced prevailing rate, you have no option than to go by the advises rendered by experts that in case the previous vendor is refusing to execute a registered sale deed, you may have to approach the court of law for specific performance of contract. Better take the assistance of a local lawyer.
nisha
(Querist) 24 August 2014
A very big thank to all expert for great advice!
Now my mother has sold out that property by paying some amount to first owner.
Once again a very big thank you and its a very nice experience with lawyersclubindia.com
malipeddi jaggarao
(Expert) 24 August 2014
You are welcome. You found practical solution to your problem. We are also happy.
