Gajanan (Senior Advisor) 11 May 2013

Succession after agreement for sale of flat

I made an agreement on 17 jan 2013 with a widow (who has a minor girl) to purchase her flat. The widow and her husband had purchased the flat however widow had entirely paid the amount towards purchase of said flat. Widow has not obtained any succession certificate or legal heirship certificate. Now when I am checking for getting loan, everywhere the succession certificate is required. The widow is not ready to apply for succession (as per her, it takes time and costs a lot). Now, what can be options for me: To cancel the agreement? Widow also has not sufficient funds to return back my money if cancellation happens. In such situation can I cancel the agreement (Conditionally, to mention that my stakes would still remain in property until she pays me back remaining amount with interest). Cancellation also needs to be done quickly as stamp duty is refunded only if claimed in 6 months of agreement date. I am ready to wait for succession received by widow and permission to sale the flat. I am also ready to bear some cost of succession. How can I come out of situation. Widow is also demanding the interest on the amount I could not pay. Actually as she was not having succession certificate, I could not get the loan and hence the delay happened. Please guide me in this situation- what could be right steps to correct such blunder I committed.

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2 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 11 May 2013

When a property is being sold, it is the duty of the seller to provide all the necessary documents. If this lady is refusing to do so, for whatever reasons, then you can help her get the desired document. All she has to do is to co-operate with you, since without this document both of you are stuck up. You can also negotiate with her and tell her that you would do the necessary things to get this document but she should bear the cost. Further, you are also eligible to file a civil suit against this lady and request the court to order her to come forward to complete the sale or the Presiding Judge to step in and complete the sale. (There is such a provision under the civil law where the Presiding Judge has powers to step in and complete the sale deed.)

regards,

Vandana Vaidya.

Advocate / Patent Attorney

Gajanan (Senior Advisor) 11 May 2013

Thanks a lot madam for your quick reply. Would like to know:

1. Can seller escape by saying she was not aware of list of documents required prior to agreement - and getting loan is purchaser's business.

2. Is there possibility of court declaring entire agreement of sale Null and void, and subsequently buyer loses everything that he

(This property is actually earned by the widow from her salaries. And later she paid the remaining amount after getting money with the present agreement with us. In 2007, husband and wife both had agreement with builder and her was the first name. Her husband expired in 2011. )

Thanks.