• Backdated sale agreement after sale deed registration

Hi

1. We bought a land through sale deed on 08/12 registered at the local SRO
2. The seller had borrowed some money from money lenders and they forced him to sign a sale agreement. Agreement was dated 03/12 but seller refused to sign it until 26th when the money lenders forced him to sign. Seller added date to the agreement under his sign as 26/12. 
3. Also there are no witnesses in the sale agreement
4. Money lenders are threatening us now that they can go to court, pay the balance and get the land registered in their names. It appears through whatsapp images they shared that they changed 26/12 to 06/12.
5. Seller has not filed a police complaint against money lenders yet as he is willing to settle the amount - but we are not sure at this point

Is this sale agreement legally valid?
Will court admit this for a case of specific performance?
is there a way we can get the document verified for tampering by an expert?
What should we do in this scenario?
What is the remedy for buyer so we can ward off such forged document? 

Thanks
Asked 1 year ago in Property Law
Religion: Hindu

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16 Answers

Dear client,  

The situation you have described is complicated and requires a careful examination of the sale agreement and the relevant laws of your jurisdiction. However, I can provide some general information and guidance.

Firstly, the validity of the sale agreement depends on various factors, including whether the seller was coerced or under duress to sign the agreement, the authenticity of the document, and the absence of any legal defects or irregularities. The fact that the seller added the date under his signature raises questions about the authenticity of the agreement. Additionally, the absence of witnesses can also raise concerns about the validity of the agreement.

Secondly, if the money lenders have altered the date on the agreement, this could be considered as tampering or forgery, which is a serious legal offense. You may want to seek the assistance of a legal expert to verify whether the document has been tampered with and to advise you on the next steps.

Thirdly, in terms of remedies, you could potentially seek a specific performance of the sale agreement or damages for breach of contract. However, this will depend on the specific laws of your jurisdiction and the specific circumstances of your case.

In any case, it would be wise to seek the assistance of a qualified legal professional who can help you navigate this situation and protect your interests.

 

 

 

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

Buyer can file suit for specific performance 

 

2) if sale agreement date has been tampered with you can raise the plea in your reply 

 

3)seller can raise the defence that he was forced to sign sale agreement 

 

4) that date has been tampered with .it was executed after sale deed execution 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Pursuant to Section 54 of the Act, a sale of immovable property shall only be validly made through the execution of a registered instrument, and such sale shall not be complete until it is registered. The sale deed dated 08/12, having been duly registered, is legally valid and binding. The sale agreement dated 26/12, which has not been registered and does not contain any witnesses, is not legally binding. The money lenders thus cannot approach a court of law and claim the land in their name, given that the sale deed has already been registered in the name of the buyer. Should the money lenders have altered the date of the sale agreement, they shall be liable to criminal prosecution under the Indian Penal Code, and the seller shall be entitled to file a police complaint against them.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If the date in sale agreement is tampered, then it's not legally valid as also unregistered sale agreement is not legally valid.

2.  Based on the documents produced, if it's not tampered, Court may admit it for specific performance.

3.  Yes, it's possible to get it verified by an expert to know as to, whether it's a tampered document or not?.

4.  In the present scenario get the sale agreement cancelled in the jurisdictional Sub Registrar's Office if the sale agreement had earlier been registered.

5.  Arrange for a tripartite meeting with seller, buyer and money lender and resolve the issue amicably.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

In this case your registered sale agreement will be held valid in the court of law.

 

No, unless and until seller denies your sale deed.

 

you can perform search title.

 

Just keep silence and protect the property by inserting compounding and one Board mentioning the property belongs to yours and "trespassers will be prosecuted"

 

Make the written complaint in the SRO office not to entertain such people who demands the your property 

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Unregistered sale agreement is not valid  hence it cannot be enforced.

If the lenders file a suit for specific performance of contract, you will be impleaded as a party hence you can file your objections and written statement based on the registered sale deed on your name executed by the seller.

2. Since it will be considered as a receipt for the money obtained by the seller the court may order to refund the amount with interest.

3. You have to challenge by getting impleaded in the suit, if filed by the lender.

4. See the above answer.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. No . But seller needs to file complaint against him.

2. Not actually if transaction is coercive

3. It's better you seek refund and your damages fr seller or contest the suit filed by money lenders on merits 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Let the seller serve a legal notice for cancellation of the sale agreement as it's tampered and was done under duress, threatening, force and coercion.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

Seller can cancel the agreement on grounds that agreement has been tampered with 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Yes he can send the same but he needs to refund the amount if any received in said transaction 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

seller can send a cancellation notice on the grounds of tampering..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The seller can issue a legal notice cancelling the unregistered sale agreement for all the reasons he relies upon to be breach of contract.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

your sale deed which is registered stands on a higher pedestal than the unregistered agreement for sale 

the money lenders have to first prove that your seller had indeed agreed to sell his property to them

as the property is already sold to you under a registered sale deed, the money lenders will also have to make you a party defendant in the suit to be filed by them

in your reply to that suit you can state the true facts 

even otherwise the agreement for sale was made to be signed by the seller by exercising pressure on the seller and thus any agreement signed by the seller under duress is voidable at the instance of the seller

it does not matter then what is the date of that unregistered agreement for sale

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

- If that sale agreement is not registered from the office of the registrar with the witnesses , then it has not legal value in the eye of law, and an specific performance case cannot be admitted before the court. 

- However, the lender can recover the paid amount with that agreement from the seller after filing a suit

- Further, if the date is changed by the lender , then this agreement has become invalid .

- However, the seller should send a legal notice to the said lender for the cancellation of the agreement with the information that the said property already registered in your name , and the notice was already given to him. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

In the sale deed there will be a clause where the seller indemnifies the buyer of any adverse consequences and you can invoke and get yourself protected. As you are a bonafide purchaser and there is no trace of loan details in encumbrance, you need not worry.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Yes, the seller can send a cancellation notice on the grounds of tampering or coercion. However, it is important to note that the cancellation of an unregistered sale agreement will not affect the rights of the buyer who has already paid the consideration and taken possession of the property.

 

In case the seller cancels the agreement, the buyer can file a suit for specific performance seeking a direction from the court to the seller to execute the sale deed in favor of the buyer. The court will take into consideration the circumstances surrounding the signing of the agreement and the alleged tampering of the document while deciding the case.

 

In order to verify the authenticity of the document, the parties can seek the help of a handwriting expert who can examine the signature and handwriting on the document and give an opinion on whether it has been tampered with. This can be used as evidence in court.

 

 

 

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

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