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Anindya (engineer)     24 August 2012

Important- buyer rights

Hi all,

About a year back, I have bought a flat in Kolkata from someone, withought going into a sale-greement. I paid full amount and got the property in my name. As I had taken bank loan, bank has taken all property paperwork(deed). Done sale registration, mutation etc. Electricity, telephone, cooperative soceity, all bills in my name. I have invested about 5 lakhs to renovate the flat and make some internal changes.

Now I have found out that the seller was negotiating with another buyer, before me, and that they had a unregistered sale agreement between them. The seller had also taken some money from that potential buyer. Now that other person wants to go to court to sue the seller. I am really worried as I have paid Rs50 lakhs for the flat.

I have spoken to the seller and he assures me that I was sold the flat after the expiry of agreement. I have spoken to the other buyer and he has said that is not true. Where do I stand?

Where do I stand in this legal battle or am I safe? Do I need to take any legal step?Can my flat be taken away from me?

Many thanks for your esteemed advice.

Anindya



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 August 2012

If you had no knowledge or rather if you did not know and with reasonable diligence could have known the subsisting agreement to sell with prospective buyer, and you have brought the property in good faith and for value - you have nothing to worry about. Since the buyer has been sleeping all this while, he won't get specific performance in his favour, he can at best seek damages for breach of contract that too from your seller for which he would be personally liable, and property won't be effected at all. Hope this dispels your worries ! Regards, Adv. Bharat Chugh

Anindya (engineer)     24 August 2012

Thank you Mr Chugh for your prompt reply.
I had no idea about any other buyer at all. I have heard that the buyer can sue for 'specific performance' as there was an agreement (unregistered) between them. Is that true?
Do I have to go to court to prove that I had no knowledge of any such agreement? Can I be involved in anyway in this legal tussle between them?

Regards,
Anindya

Anindya (engineer)     27 August 2012

Dear all,

Can someone please tell me if I need to go to court at all to prove that I had no knowledge of any other buyer or an agreement of sale?

many thanks
Anindya


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