I HAVE POSSESION OF ONE FLAT IN A APARTMENT SINCE 2018. WHICH WAS DULY REGISTERED ON SAME YEAR.
BUT LATER IN 2021, WHEN I WANTED TO SELL IT , I FOUND OUT FROM STATE GOVT'S LAND RELATED WEBSITE - THAT ONE OF THE PLOT (APARTMENT IS STANDING ON TWO PLOT) IS PROHIBITED PLOT.
I HAVE TALKED WITH THE PROMOTER & BUILDER - THEY INDIRECTLY SAID THEY HAVE REQUIRED DOCUMENTS TO HELP ME ON REGISTRATION, IF I PROCEED TO SELL MY PROPERTY TO SUITABLE CUSTOMER. IN RETURN I HAVE TO PAY SOME HEFTY MONEY(7% -10% OF SELL AMOUNT) FOR THEIR FAVOUR. ALSO SAID THAT I NEED TO DO MUTATION , WE CAN PROCEED DIRECTLY FOR SALE AGREEMENT AND THEN REGISTRATION.
WHEN I WANTED TO SEE THOSE DOCUMENT, THEY SAID ONLY DURING REGISTRATION - THEY MAY SHOW ME.
I WAS UNCONVONCED, SO I TRIED FOR MUTATION OF MY FLAT. BUT APPLICATION REJECTED TWICE ON GOUND OF - " .....DETAILED DETAILS OF KHATA KHESRA NOT AVAILABLE IN , INVESTIGATION REPORT OF OF REVENUE SUB INSPECTOR....."
NOW MY QUESTION IS-
- I WANTED TO TAKE CALCULETED RISK. BUT WHAT IF SELL DEED REGISTRATION GETS DELAYED FOR INDEFINITE TIME DUE TO LITIGATION OF THE PROPERTY (DESPITE THE BUILDER'S ASSISTANCE AND PROPER DEALING OF THE SITUATION ). CAN BUYER SEND ME LEGAL NOTICE AND SUE ME?
NOTE:- RECENLY I CAME TO KNOW THAT -ONE OF THE FLAT OWNER IN THIS APARTMENT , HAS SELLED HIS PROPERTY BY THIS PROCEDURE.
2. IS THERE ANY SAFE WAY TO ENTER IN SALE AGREEMNET? WHERE, IF I FAIL TO REGISTER THE SALE DEED IN THE NAME OF THE BUYER- AND I WANTED TO EXIT THE AGREEMNT WITHOUT ANY LEGAL OBLIGATION EXCEPT FORFEITING THE EARNEST MONEY. WHAT SHOULD BE THE SUITABLE CLAUSES.
