Sale of my agricultural land
Ramsaran
(Querist) 19 June 2015
This query is : Resolved
Sirs,
A 20 rupees worth of unregistered sale agreement was made for Rs.10 lakhs between me (seller) and a buyer (A)for selling my land. Rs.5 Lakhs was given as advance. As per sale agreement,the property is to be sold either in his favour or his persons directed by the buyer.
As per his written endorsement on the back side of Unregistered Sale Agreement, Sale Deed was made to a different person(B) for the guideline value of Rs.2 lakhs against actual value of Rs.10 lakhs. The Rs.2 lakhs will be settled in 3 months time noted in the sale deed. The buyer of Sale Agreement attested the Sale Deed as witness and signed in the same Sale Deed as an identifying witness before the Registrar.
The person (B)to whom sale deed was made, sent a legal notice asking me to receive the balance Rs.2 lakhs and I also replied to settle and discharge receipt will be given.
Now the buyer (A) sent a legal notice saying that, I sold the property to other persons for Rs.11 lakhs and so settle Rs.5 lakhs received as advance. Otherwise he will move to court to get back his advance with interest.The buyer purposely wanted to cheat me as I am 66 years old Heart patient.
I would request you to provide your opinion on the above and need your clarification on the following.
1.How I have to reply?
2.In case,the buyer move to court,whether his request will stand?
2.Since the Sale Agreement was Unregistered,whether court will accept as an evidence?
3. I made the sale deed based on his endorsement in the sale agreement and subsequently he attested sale deed also.
I shall be thankful, if you kindly give your opinion.
With Best Regards,
Saravanan
Rudrawar Narayanreddy
(Expert) 27 July 2015
There is no detail of the payment received by you from the sale. No details of about amount received by person who entered into agreement with you in the endorsement made on the back of the deed. The contents of the sale will helpful to reply. The unregistered agreement to sell stands cancelled as per the endorsement but what about payment depend on the record you have got about payment.
There is some mess created advocate drafting could have avoided problem. if details given opinion can be given
