Sale deed
rajsh
(Querist) 09 April 2012
This query is : Resolved
dear sir,
We had entered into momerandum of understanding with a person to sell our ancestral agricultural land. It is mentioned in the momerandum of understanding that there are some tenant illegal /statutory. so we accepted the price much lower that market rate. Now at the time of conveyance the tenant issue is not mentioned in sale deed.Our lawyer is saying that we cannot mention the tenant issue as it will create defective title. Howerever beacuse of this issue we accepted lower rate and this is a fact. THe momerandom of understanding is not registered it is notrised. Can we proceed with sale deed without mentioning tenant existance? will it create any problem in future?
Guide us in this matter.
Nadeem Qureshi
(Expert) 09 April 2012
Dear Rajesh
you can mention in Sale deed that you are sell the property with purchaser risk and if there is any dispute regarding title or possession in future, purshaser will be responsible.
because if you are not going to mention these type of terms and condition and after this deed tenant raise any issue regarding possession, the purchaser file a court case against you and tenant, you will be suffer without and fault, physicaly, mentaly and economicaly.
feel free to call
Adv.R.P.Chugh
(Expert) 09 April 2012
When you sell the property you are under an obligation to inform the the purchaser as regards any thing that affects his title to the property.
Raj Kumar Makkad
(Expert) 09 April 2012
You cannot provide better rights to the buyer so either mention in the sale deed as 'as and where basis' or mention the issue of tenancy.
