prakash (Wg Cdr) 20 October 2013

Need legal advise on property

Sir/Madam,

1. I entered into a Notary agreement for purchase of 10 acres of agricultural land in Maharashtra in April 11. The total cost of the deal is Rs 35 lacs out of which I have paid Rs 14 lacs as advance. The registered sale deed was to be completed within five months from the date of agreement.

2. The Seller has entered into the agreement on behalf of 12 farmers who have given him selling rights for 60 acres through four separate GPAs. The land falls under Niyantrit Satta Prakar (restrictions on transfer of land purchased or sold). The Seller has not got the approval from District Collector for transfer of land till date. I am in the Army and posted in Far East which makes it difficult for me to frequently visit my hometown and personally follow up the case. It appears that the Seller is taking the advantage of this and deliberately delaying the obtaining of the approval so that I get frustrated and back out from the deal. The cost of the land has more than doubled after the agreement.

3. I have following queries:-

(a) Does the Notary agreement has any legal standing?

(b) Since the seller has not completed the documentation for transfer of land till date, will the period of five months mentioned in the agreement gets automatically extended

(d) The PGAs given by the farmers are not registered. Is it mandatory that the same are registered for executing the sale deed?

(e) What is the legal course of action left with me?

Thanking you.

Prakash.

Reply Follow

3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 October 2013

Please follow the answers for your querries. 3.(a) legal standing document. (b) 5 months period is over, so you can ask damages for not execution of agreement in time.(c) after sale deed registration and approval only transfer of title name can be done (d) PGAs are not compulsory to register for sale deed.

prakash (Wg Cdr) 20 October 2013

Sir,

1. Thank you very much for your advise.

2. Someone has told me that if GPAs are not registered then actual owners (farmers in this case) are required to execute the sale deed in registrars office. There is some SC ruling on the issue.

3. Will be grateful if you clarify this.

Prakash

Premnath (Engineer) 22 October 2013

Sir/Madam,

My mother was mentally ill well before me and my 6 siblings were born. Under this circumstances after the death of my grandfather (mothers father) all his wealth was divided among his heirs. The heirs were , My mother and her mother, 2 brothers born another lady (not alive at that point-neither married to grand father) and 1 sister born to another lady ( not married to grand father ). At this point in 1963 when my grand fathers property was divided after his death , The deed made was as follow. My Mother and her Mother 1 portion of the wealth and all liabilities , 2 brothers of my mother ( then minor) 1 portion and 1 sister of my mother 1 portion. I would like to know , if any sale of the assets done by my mother after the death of her mother is legally right. Iam asking this question because a property which my mother disposed with my fathers say is in dispute. Me and my siblings were not involved in this deal and our father is no more.

Prem