Upgrad LLM

property - title of land - patta


Hello Sir

This forum has always guided me and has shown me right directions and now again I am in need of help.

5 years back I had purchased a Plot in Bhubaneswar (Odisha) from a broker who possessed a Registration Deed in his name from the Original Owner Mr.X.  The broker is into the business of purchasing large pieces of land and selling it in small planned plots.

I bought it by paying an amount of Rs 2,50,000 and further got its registration done. The registration agreement was done between Me and the Broker.

Now after 5 years, while checking the Government's online, I found that - the broker is not mentioned as the owner but the name displayed was of the Original Owner Mr.X.

I contacted the broker for THE PATTA and conversion of ownership. To this the broker says that I need to pay additional Rs 2,50,000 more as per the original price at the time of sale. The plot now has a market value of Rs 10,00,000+. The broker is asking for the additional amount for an oral agreement that I could not fulfill. The oral agreement was to take care of his school for a year. I could not honor the oral agreement as I got a good job elsewhere and I moved to a new city. Also the Broker has not faced any losses arising because of me.

Now please suggest me whether, I should pay the additional amount asked? If yes, then I fear that ever after paying, what is the guarantee that the broker will give me the PATTA. Or do you suggest me to directly apply to the local Tehsil office and try for the Ownership name change?

Are there any ESCROW services available that can take care of this?

Thank you. Waiting for the response please.

 
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Lawyer

You have made mistake in not verifying who is orginal owners as per the Revenue Records before paying the money and registering the plot. Now you are at the mercy of broker who has taken you for ride. Contact the Orginal owner X and find out whether is there any genuine agreement between him and the broker then proceed tactfully and pay the money in presence of orginal Mr X and with proper acknowledgement and agreements. I think escrow is not helpful in this case 

R.S.K.Singh


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Thanks for the response Sir.

If you can spare a few more minutes than may I request you to give your expert advise on the following:

Yes there is a genuine agreement between the original owner X and Broker. The agreement is a Registration deed between X and Broker. Showing this the broker has been selling this huge piece of land cut into small plots. 

Do you advise to pay the extra sum with proper acknowledgement and agreements. 

Is the registration deed which is with me now - Valid? 

Lastly Sir, will any bank finance me the additional sum I may pay?

 
Reply   
 
Lawyer

Are you in possession of copy the agreement executed by Original owner X and broker? IF so what is role of broker and whether the whole land as per agreement has been physically handed over to broker? Whether the land is likely to converted into plots as per local municipal laws. Whether layout plan showing your area of site has been demaracated and approved by local Body. Please send a copy of agreement in English to my email and I will read and guide you properly. My email Rangee034@gmail.com

R.S.K.Singh 


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