• Bought the property had agreement with seller - seller delaying the registration

Hi,
I bought one property 2 months back from seller who bought the same property from some other seller and other seller got property from actual land owner. i had agreement with last seller (100 rs. Stamp)that we are going to register property by paying remaining amount.I am ready for registration but last seller delaying by saying like actual property owner not available.My agreement last date is going to over by 4-apr-2018.my last seller saying oral..he will arrange registration even after 4-apr-2018(after due date) also.is the agreement is valid after 4-apr-2018 also to take action against last seller?. Or Do we need to take any evidence from last seller on 4-apr-2018.Please suggest options for my case.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

1) Get direct property sale deed on your name between you and land owner, remove all middle man from transcations.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

1) it is necessary to peruse agreement for sale entered into by you with seller

2) you can issue legal notice to seller to execute sale deed in your favour

3) mention that you are ready and willing to make balance payment

4) if seller refuses file suit for specific performance

5) in the alternative extend agreement by another 3 months by mutual consent

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

If the seller has absolute title, then, cause him a legal notice before the deadline to urge him to register the property. If he refuses and doesn't respond, then you have to file a suit to recover and direct him to register.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Before completing the sale transaction after 4th of April, 18, you both need to renew this agreement of sale.

Send a legal notice to the proposed seller calling upon him to comply with the Agreement to sale by executing the sale deed within 4th of April 2018.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Sir,

The agreement valids for a period of three years or the date mentioned in the sale agreement, whichever is earlier. You may pay further advance amount and get it renewed to some other future date. You must get issue legal notice much before expiry of last date mentioned in the agreement and filed a suit for specific performance.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Hello,

1) If he is saying that the real owner is not available, you need to find out how he sold it to you. The transaction is fraudulent as he had no title to sell.

2) If time is the essence of the Agreement you need to insist about having the registration on the day agreed upon.

3) You need to get all the elated documents checked by a lawyer to ensure that the seller has the title. The agreement on Rs.100/- stamp paper is only an agreement to sell and you need to get the sale agreement registered within a stipulated time. In case it is not getting registered on 4/4/2018 demand fro him an undertaking before witnesses a date before which the registration will complete.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Dear Client,

Above agreement is not valid for want of registration. But u can enforce for registration of sale deed on the basis of this agreement.

Agreement will expire after 4th.

Seek specific performance from court, if seller not performing his part.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Hello,

Please get a title search done for the said property and see that the chain is complete from the first person to the last person. As and when you get the same positive then only purchase the land.

Registration can be done after 4.04.2018 also, but I would suggest you to get the same done before the said date otherwise make an amendment to the agreement.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Your agreement for sale will expire on 04.4.2018 after which the seller will claim that the agreement is no more valid since you did not pay him the remaining amount to register the sale deed.

2. Immediately send him a legal notice calling up on him to register the said sale deed immediately for which the balance amount shall be paid by you at the office of the Registrar.

3. if he fails to register the said sale deed, lodge a police complaint for cheating you.

4. Thereafter file a suit demanding his specific performance as per Specific Relief Act.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Unregistered Sale agreement in respect of immovable property is not valid and cannot be enforced through Court of law.

The time is not essential even though the same is mentioned.

The seller's marketable title has to be confirmed for proceeding in this regard

You can take the opinion of a local lawyer and proceed with the matter accordingly.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Hi,

You may take action.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

If the title is not with the last seller then he is just an agent. Contact the real owner and know his intention. If he is not filing then file a police complaint against the last seller who is delaying the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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