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Anjan Sharma   02 July 2018

Reselling a plot with sale agreement registered but no title

I am in talk with a person who wants to sell a plot to me but he does not have ownership or title of the plot yet. Basically, 6 months ago he got a sale agreement registered at the sub-registrar with the actual owner by paying full stamp duty and registration fees. 

He has paid around 50% of the money to the owner till date and was supposed to execute the sale deed when full payment was complete. However, since the price of the plot has appreciated significantly in 6 months, he wants to resell the plot to me. I want to purchase the plot outright and execute the sale deed now without going into any sale agreement or other unnecessary delays.

How do I proceed in such a scenario? Since this person does not have title of the plot, I believe the original owner has to be involved in this sale but since he has a sale agreement with the original owner, I can't buy directly from the original owner either. I want clear title of the plot and no hassles in future.



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 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 July 2018

Sir, 

 

No onwer can sell any property .... Make a joint agreement . 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 

 

 

Anjan Sharma   02 July 2018

Sir, can you please clarify what you mean by joint agreement? Do I need to make sale agreement that is signed by both owner and the reseller? I have never heard of such arrangements before. So I don't know how to proceed.

What other options are there? Does the reseller have to cancel his sale agreement in order for the actual owner to execute the deed in my name? I don't think he wants to do that as he would lose out on the profit since there would be no reason for me to pay him anything.


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