• Sell plot with liability

We have a plot of land where a couple's been living fr last 20-25 years by giving rent which they stopped 7-8years back.Talks between us and them concerning them buying the land's been futile.The man always avoids buying the plot by giving one excuse or the other.Now another interested buyer wants to buy this plot of land.So as the landowners with all the papers and land taxes up to date till this year in our name,can we sell the plot to this buyer as he knows that this couple's been encroaching the plot and he's confident of clearing the plot from encroachment?
Asked 2 years ago in Civil Law from Golaghat, Assam
1) yes you are free to sell the plot to buyer 

2) enter into regd sale deed . take all payments by cheque only 

3) it is the purchaser headache to clear encroachments 
Ajay Sethi
Advocate, Mumbai
36476 Answers
2031 Consultations

5.0 on 5.0

If the plot is owned by you and you have absolute title to the property, nothing will stop you from selling your property to a third person.  If the tenants on being offered with option to buy the property as preference and the tenants were not willing or ready to avail the opportunity, you cannot wait for their consent to sell your property.You can very well go ahead with selling the property to a third person, in the meantime, you can issue a notice to the tenants to vacate the premise and handover vacant possession within the time stipulated in the notice. After that if the buyer is confident of getting the tenant evicted by his own sources and means, you can legally sell the property, there is no legal impediment in it.  
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

1. Unless you have the possession of the plot no prudent buyer will buy it, more so in view of the fact that the rent has not been paid to you for the past 7-8 years.

2. You can sell the plot to the buyer but the buyer will have to initiate proceedings in a court of law and seek court orders to evict the tenant, which he may not be willing to do.

3. You can file a petition for eviction of the tenant in the court,
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

Dear Querist

yes, you can sell your plot with liability.


you should mentioned in the sell deed that this is the liability and the purchaser is liable for future and you are not responsible for this.
Nadeem Qureshi
Advocate, New Delhi
4347 Answers
193 Consultations

4.9 on 5.0

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