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mohammad shirazi (cashier)     21 November 2014

Regarding plot sale agreement

my name is mohammad shirazi age 30 actually i have bought plot of 60sqyard in haryana  bahadurgard and seller gave me sale agreement on rs 500 hunred stamp paper please explian what is appropreate procedure and what is require on stamp paper i mean it should be registered by someone or not. 

 

regard - mohammad shirazi



 5 Replies

Advocate Ravinder (Advocate/Attorney)     22 November 2014

What is the total sale consideration. How much advance you have given. What is the time limit to get registered sale deed.  If possible send me scanned copy of agreement.

nitin agar   24 November 2014

Respected Experts,
                                   Sir i have done a notary agreement of purchase of 3000 sq.ft. plot. The plot has 3 names in property card two brothers and there sisters two children ( one of at the time of this agreement was minor which we came to know now) but at the time of agreement the both brother said that one of them is gaudian which is also mentioned on property card. 
                                     This agreement was done 3 years back for which we had paid 10 lacs in advance but on every 6 months it was renewed as the seller has given land in bank as mortage and dispute in bank and seller for there interest amount, the case is pending in high court which is mentioned in the agreement.
                                  But till today it is not clear and as the rates increased the seller is telling us that he will only give 1500 sq. ft. and also he wants increase in rates for that 1500 sq. ft.  
                                   We asked them to give there ratio property ( 2000sq. ft.) but they are saying they will kepp 500 sq. ft of there 2000 ratio for them.
                                    so plz guide me what i can do in this case.

T. Kalaiselvan, Advocate (Advocate)     24 November 2014

@Mohamed Sriazi: The purchase of land whether by an agreement or by direct execution of sale deed should be duly registered with the jurisdictional registrar' s office without which the sale will not be valid in the eyes of law.  Better contact the vendor and get your sale deed registered in your favor immediately.

T. Kalaiselvan, Advocate (Advocate)     24 November 2014

@Nitin Agrawal:  Basically a notarised sale agreement is not valid in the eyes of law.  Further what you stated is taken to be fact that you have already given Rs. 10 Lakhs, the sincere advise would be to take it back, because since the property is mortgaged to bank  and also a dispute is pending in the high court, you will not be able to get even a handful of sand from the property.  The bank as mortgagee has full rights over the property, even the seller has lost his title until he has redeemed the mortgage.  Therefore before being cheated more, better take back the amount already given or face the music for not being careful.

Further, if at all you want to post your query open a new thread and post it don't use others thread.

 

nitin agar   25 November 2014

sir can we file case in court of 420 and  get 156 (3) order from court. also can we clear bank loan and take noc from bank and take position from court as he had mentioned that he had stated to be gaudrian of that that childrens. 


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