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guddubhundu2028 (n/a)     25 February 2013

Property transfered without sale deed

Dear Learned Members

I need a help , one of my friend transfered his property to x person without sale deed, only cheques (post dataed) and a letter (on plane paper) was taken from x that if he does not give the full amount within 3 months the deal will be canceled.


The property was transfred as x was requesting that it was needed for taking loan from financial institute. Now x person is delaying the payment and it is more than 5 months.

Post dated cheques of x was bounced once.

Already engaged a laweyer .. lawyer requested to put the cheque in bank one more time and wait for some more tim.

pl. suggest... can x claim his right on the property with sale deed.

 

Thanks for your suggestion.

Regards

Guddu



Learning

 3 Replies

MohammedRaffiq Bijapur (Advocate)     25 February 2013

It is hard for X to claim his title over the property without there being a registered sale deed. As per Registration Act  any immovable property which worth more than 100/- registration is compulsory for transfer of rights over the property.

1 Like

Advocate Kishor Hajare (Advocate)     25 February 2013

Sir,

In your above referred case, it seems that X has been manipulating the innocence of your friend. Take a note that X is nowhere in a position to claim any ownership rights in respect to the property. However it should be set in mind that do not transfer possession in any way to X. Ask your advocate to mark notice to X thereby calling him to make full payment of the property within a prescribed time limit and thereafter only proceed for the proper transfer of property. In the event, if the X fails to perform, then tender another notice intimating him cancellation of the deal.

1 Like

guddubhundu2028 (n/a)     25 February 2013

 

Thanks to Mr. Mohammed Raffiq & Mr. Kishore Hajare sir for your prompt reply. here i want to state further that the property is already transfered to X (as x was requesting the same as a proof to take loan).

Thanks to LCI and all members


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