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DrManjunath (Consultant)     25 November 2012

Can i stop a sale deed at sub registrar office

Dear All,

 

I am an tenant at a building which is just reached  sale agreement stage.. The owner has not informed the sale.  Iam also interested in buying.. since i am doing a bussiness for my livelihood at that building(Running an clinic) can i write to sub registrar office to stop the sale deed for the party buying and please give it to me if i deposit the same amount which is in the sale deed..Pl give inputs what words should i include in the letter so that it will be favourable..

 

Thank u



Learning

 11 Replies

Madan Mohan Pandey (District and High court advocate)     25 November 2012

Dear Mr. Manjunath,

The best way to stop registration of a property is to file a case on the basis of cause of action arising on the ground that you have a interest in the property as it is only way for livelihood for you and your family and that the court shall  direct for  an injuction order prohibiting the owners to sell or do any sort of changes to the shape and title to the property.

3 Like

V.T.Venkataram (Advocate and Consumer Activist)     25 November 2012

You have to approch civil court and obtain an order that requires your owner toi refrain from selling the property till your claim over the property is settled by the same court. 

1 Like

niranjan (civil practice)     25 November 2012

You cannot stop registration of sale deed,but you must inform the purchaser that you are tenant therein and your rights are governed by the rent Act,in case owner conceals the fact that there is a tenant in the premises.

1 Like

Advocate Vishnu (Advocate)     25 November 2012

I think niranjan's suggestion is very appropriate in your case.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     25 November 2012

I do agree with Niranjan and you can make an offer to purchase the property from the owner at the prevaling market rates and if you are unable to purchase as per market value, then third parties can purchase the same and it cannot be restricted by you.  However, you rights being a tenant are protected.

1 Like

surjit singh (Assistant)     26 November 2012

Niranjan is right, but you can also approach with an applicaton before the sub-registrar that you are a willing purchaser and in possession of the property.

1 Like

DrManjunath (Consultant)     27 November 2012

i was in discussion and negotiation.. but the owner silently has pushed it to third party.. i offered him 2.5 lakhs more than the other party.. but he has taken token advance and reached agreement stage after 1 month of advance taking..ball was in his court for almost 1 month after taking token advance.. and still now he can tell some problem and return the token advance and turn it in my favor.. such owners what can we do.. where he has done agreement for 3 years .. and i have done lot of investment on interiors and have taken drug license which has 5 years validity.. and still i have 23months of period..more over i am doing public service as an orthopaedic surgeon

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     27 November 2012

Dear Manjunath,

Right now you have only option to take chance litigation by way of issuing a legal notice as per law of preemption, request him to furnish the offer price to buy the said property as if you are unaware of any developments taken place so far taken.

1 Like

DrManjunath (Consultant)     29 November 2012

Dear All,

Thanks for the pouring advices..

 

Should I also send an legal notice thru lawyer to the new buyer(he just 2 buildings apart)  that I have an agreement for 23 months more and iam an tenant who has first Rights for purchase, and as I have done investment and running an clinic so dont indulge in purchasing the property..

 

Thanks to all

DrManjunath (Consultant)     30 November 2012

Can Rights of preemption help me...

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     30 November 2012

Legally saying, you have no pefrential right to purchase the property so the owner cannot be stopped to sale his property to the person of his choice and his own terms and conditions. No one is going to evict you from the rented premises as change of oownership of the property do not mean that you have to be evicted. In case the subsequent buyer forces you to evict only then you have cause of action in your favour on the basis of earlier agreement for 5 years or the cost incurred on interiors etc. 

 

If owner agrees to sale tha property to you then it is ok but if he dont do so, you cannot go to court against him and even there is no use to send legal notice to him as the same is nothing but a futile excercise.

1 Like

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