Regarding the rights to cancel sale deed agreement
Arunmanikandan
(Querist) 23 December 2010
This query is : Resolved
Sir,
I am planning to buy a property (constructed house) thro'
home loan. Total area of the constructed house is 943.5 sq.ft.
1. A & B are Real owners of the Property (land).Total area of this property (land) is 1285 Sq ft.
2.C is the person who got Power (to transfer the title to others, to construct buildings, to apply for electricity connection on the property name, to enter into agreement for transferring the title to other parties, to cancel the conveyance or sale deed agreement that he has entered into with other parties, to apply for a water connection, to sign in conveyance documents on behalf of real owners, to register conveyance documents in sub-registrar office, to apply for any maintenance works/other works to any public/private/government organizations, to apply for a plan approval to corporation for the buildings constructed in the property)for the property from A & B.
3. D is C's wife and C entered into a 2 years conveyance or sale deed agreement with D on the property (of area 1285 sq.ft.)& got 50,000 as advance amt and conveyance amount deiced is 4.5 lakhs on 30-06-2008.Also this conveyance or sale deed agreement is registered in competent sub-registrar office and is visible in Encumbrance certificate.
4. On 28-01-2010,C using his power and as a power agent for the property he entered into a sale deed to his wife D for only 265 sq.ft. of the total land area (1285 sq. ft.) along with 295 sq.ft of the near by land.
5. C constructed a house in the remaining area of the land (943.5 sq.ft)
6. Now C says he will cancel the sale deed agreement (registered on 30.06.2008) on the day on which sale deed between me & C will be registered, before which he will not. Also, he says he will cancel the sale deed agreement first and I & he can enter into the sale deed next on the same day and it is for his safety.
Doubts:
Now my doubts are that
1. is it necessary to cancel the conveyance or sale deed agreement registered on 30-6-2008 for me to enter into a sale deed with C(who is power agent for the property) ?
2. If so, Whether C has rights to cancel that sale deed agreement?
3. Can I claim that canceling the sale deed agreement is not necessary, since the time period (2 years) is expired by 30-06-2010 itself?
4. If I apply for a home loan before canceling this sale deed agreement with respective encumbrance certificates, will I get a clearance from verification of bank’s legal panel?
5. Can I go-ahead & enter into a sale deed agreement for the constructed house (943.5 sqft) for which another sale deed agreement is already registered on 30-06-2008?
Devajyoti Barman
(Expert) 23 December 2010
query is not much clear to me as regards points no.3 & 4.
s.subramanian
(Expert) 24 December 2010
You clarify whther they are sale deeds or sale agreement since their legal significance is totally different.
Arunmanikandan
(Querist) 27 December 2010
Sir,
Sorry for the confusion.
Point No.3 is Sale agreement.
Point No.4 is Sale deed.
