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Dr.Rishi Khurana (Partner)     12 January 2010

Draft fot Public Notice For Purchasing a property

Sir/ Madam,

My father has agreed to purchase a residential property in Delhi and has entered in agreement with the seller and got it notrised also. A substantial amount has been paid as an advance of the property price. Now we have heard that the seller is intending to sell the property in market.

We wish to issue a public/caution/legal notice in news paper declaring/informing the general public about the our sale/purchase agreement.

Please email / publish the draft for the same.

 

Thanks



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 January 2010

Describe the property in detail and the transaction between your father and the seller. Also state that nobody should enter in any agreement with the seller in respect of the said property. You can also give legal notice to the seller to complete the sale and also file a suit for specific performance of the contract. However, an agreement to sale needs to be registered with the sub-registrar and not the notary.


(Guest)

Dr. Rishi,

Notarisation of the agreement is not relevant.  The agreement needs to be registered with the sub registrar of assurance. Strange, that you have advanced substantial amount without a registered agreement.

V. VASUDEVAN (LEGAL COUNSEL)     13 January 2010

 Also lodge a criminal complaint with the local police under cheating. Usually for a financial transaction the police do not register a complaint. However, you consult a local lawyer for

filing this since the intent of cheating and fraud can be emphasized in the complaint.

vasudevan

H.D.Kumaravelu (Advocate)     30 January 2010

Sir,

What is the terms enumerated under the sale deed. If time is fixed for perofrmance try to perform the same within such time. Under law agreement of sale needs no registration. You may take a lawyers assisitance and issue a notice to your vendor and inform him about your readyness to honour the contract and fix the date and time for apprearance before the Concerned Sub Registrar. If he fails to appear and execute the sale deed, file a suit for specific performance and move an application for injuntion restraing the vendor from  creating any encumberance over the property which you have agreed to purchase. Get an order and register the order issued by the court before the Sub Registrar. This will protect your right.


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