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Satya (TL)     26 July 2013

Need lawyer to assist in plot purchase until registration

Dear Advocates

 

I have finalized a property in bangalore rural area near to big banyan tree, mysore road, bangalore-60.

I dealt with a middle man for this plot purchase who arranged the property measuring 1536 sqft. (32 * 48) in total.

This property belongs to 2 independent owners. Individual sites measuring as follows:

 

Plot 1. 32 * 20 = 640

Plot 2. 32 * 28 = 896

Total = 1536

This is in the documents only. But in actual the demension is as follows:

Plot 1. 30*20 = 600

Plot 2. 30*28 = 840

There is a difference of 96sqft from documents to actual.

Another fact is that Plot 1 is South east corner.

Site 2 is east facing.

But since the east by road is dead end, the layout owner did create site on the road later and sold it with greedy. Now the conrner site became normal and inside plot 2 has only 5feet passage instead of 30feet road.

Since plot 2 has become unprefferred, the middle man is trying to sell both the plots to single owner so that the single plot will be soth facing and not much concern about the site created on road.

Now coming to the actual area in sqft is 1440, paper shows 1536

loss is 96 sqft. Middle man says since the 5 feet passage is there, you can occupy the 2 feet from it.

And they want money for 1536sqft.

Now I heard that registrations are on hold for gram panchayat and revenue lands in bangalore.

So middle man says to enter in to agreement with 95% of sale consideration amount paid and take original sale deed from seller and keep it with me until the registration happens. So that property will be with me. And also says no TIME FRAME for agreement because we do not know when the registrations will be started.

 

I am concerned on this type of agreement. I am not sure whether it will be valid in first place.

And I am not sure of the benefit of holding original sale deed with me until registration.

Need advocate advice in this regard please.

 

I would be happy if any advocate can assist me in person in handling the property for fees.

 

Awaiting quick response

 

Regards

Satya



Learning

 2 Replies

Sumit Gandhi (Sr. Associate)     27 July 2013

Dear Satya,


It is abundantly clear the middle men are taking you for a ride. Also, if you have any issues with the property or dont want to by one of the two plots, simply dont by it. Also, it is standard practice not to pay sale amount till final registration process is complete.

Have you appointed a good lawyer in Bangalore to conduct the title search of the property? Never buy any property without conducting a title search through your own lawyer and always engage a good and reputed lawyer before buying any property as most frawds happen when you donot appoint a good lawyer.

Generally if the sale for any plot is finalised, the full amount, including pay order, etc. is held in escrow by the purchaser's own lawyer who has conducted a title search and preparing the purchase documents. Your lawyer in Bangalore will also guide you with the registration process.

All the best!

Sam, (Mumbai)

 

Satya (TL)     30 July 2013

Dear Sam

Since I am interested in the property and need in that area, I am going ahead in taking the property.

I was given with below options at this time for agreement as the registrations are not happening for gram panchayat properties temporarily:

1. Register the sale agreement with sub registrar office with the full amount what I am paying now. So that I will get the position on the property which allows me to construct house. For this I need to pay registration fees + stamp duty + tax

At the time of actual registration, the stamp duty and tax will be cosidered as already paid, I need to pay registration fees extra at this time again.

So in net, I loose registration fee, but I will get position right now on property and safety as I am paying full amount on agreement itself.

 

2. Pay 0.1% of sale consideration and register the agreement, with this I do not get position, but agreement will be registered and names will be in Encumbrance Certificate.

 

3. Normal agreement which is with Rs.200/-

 

I am not sure of the 1 & 2 options, because I do not know whether such kind of procedure is there.

Could you please clarify me on this, so that I can go ahead accordingly.

 

Thanks & Regards

Satya


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