Sale deed

raju (Querist) 17 April 2023 This query is : Resolved
Registry of plot was done by sub registrar. The seller had filed complaint that money is due on the basis of behaina as he is having the copy. My query is that does behaina have any value which registry is done

Follow Query

Report Abuse

Quick Summary

This discussion clarifies the legal standing of a 'Bayana' (earnest money agreement) when a sale deed has already been registered by the sub-registrar. It highlights that a registered sale deed generally supersedes an unregistered Bayana, especially if the seller failed to object during registration. The advice suggests that disputes arising from a Bayana after a sale deed is executed are primarily civil matters, and the police may not be able to intervene. A declaration suit or seeking a permanent injunction from a civil court is recommended as a remedy for the buyer.

kavksatyanarayana (Expert) 17 April 2023
Behaina or Bayana? Is the Bayana agreement properly stamped and registered? If the agreement value is higher than the market value, then the seller had to present the agreement before the Sub Registrar at the time of registration, but did he not?

raju (Querist) 18 April 2023
No the Bayana or agreement was not submitted to sub registrar at the time or registration. Now the seller had filed police complaint on the basis of copy of Bayana / agreement as he is very influence approachable. What remedy is available to purhcase

kavksatyanarayana (Expert) 18 April 2023
File a Declaration suit in court. Consult a local lawyer.

T. Kalaiselvan, Advocate (Expert) 18 April 2023
If the sale consideration value mentioned in the sale agreement is more than the consideration amount mentioned i the registered sale deed, then nothing prevented the seller to object to it and stop the registration or execution of sale deed itself.
This is a civil matter hence the police cannot interfere in this.
The buyer can approach civil court with a suit for permanent injunction against ht seller and the police seeking direction to them to restrain from indulging in such illegal activities and to not interfere in your possession and enjoyment of the property for any reason and to look for relief, if any, through due process of law instead of adopting such pressure tactics.

Sudhir Kumar, Advocate (Expert) 24 April 2023
more facts are disclosed at

https://www.lawyersclubindia.com/experts/registered-property--749026.asp

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries