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Gajanan Deore   21 July 2021

Property purchase

A advance has been given to seller ( his name is on 7/12) but I observed that there are 5 names on 7/12 extract ,NA order still not issued by local authority , how I can handel this situation


Quick Summary
This discussion addresses a complex property purchase where an advance has been paid to a seller listed on the 7/12 extract, but there are five names on the document and the NA order is still pending. The advice given is 'buyer beware,' suggesting the purchaser should have confirmed title and marketability beforehand. Now, the seller must either provide clear title in their name or all stakeholders must sign the sale documents, or the advance must be refunded. Consulting a local lawyer is strongly recommended for professional advice and to navigate the situation.

 2 Replies

Dr J C Vashista (Advocate)     22 July 2021

"Buyer Beware"

Whether the purchaser did not confirm title and marketability of the subject property before finalisation of the transaction and making advance payment?

If not, now you may ask the seller either to handover title documents in his /her name or all stakeholder must execute sale documents, otherwise refund the amount paid to him /her.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     22 July 2021

You have not posted the complete facts. All that can be stated is that imperfect and/or encumbered title is sufficient cause for repudiating the agreement.


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