If no order of injunction or restraint order is in place then there is no scope for contempt of court for selling this property .

Since the buyer is willing to take all the hassles you can safely  sell the property and move out of this dispute. 

It is always advisable to enter into a registered sale agreement.

You can mention the following clauses in the agreement 

The buyer is purchasing the schedule property in the present condition, with full knowledge of past litigation involving fake sale deed, injunction suit, etc.

The seller has disclosed all disputes and copies of court orders.

The buyer agrees to handle any present or future claims, litigation, injunctions, objections, fake documents, or encumbrances created by third parties relating to the property.

The seller shall not be responsible after the date of sale.

Buyer waives:

right to sue seller for any reason.

right to demand refund,

right to withhold payment,

right to claim compensation.

Sell plot on as is where is basis 

sale deed should specify that buyer has taken inspection of all documents and satisfied himself regarding title of the seller on the land .that seller shall not be liable in respect on any further claims  in respect of said land 

Dear Client, since your property has a history of litigation and a fraudulent sale deed created by the seller’s son, you must protect yourself legally at the time of selling the property. The correct approach is to include strong indemnity, disclosure, and risk-acceptance clauses inside the registered Sale Deed itself, supported (optionally) by a separate unregistered declaration from the buyer. This ensures that once the sale is completed, you and your legal heirs cannot be dragged into future disputes or made liable for any litigation costs, compensation, or claims arising from past frauds or future disputes. The key clauses you should include are: (1) a full-disclosure clause stating that past litigation, fake sale deed, and stay order history were explained to the buyer; (2) an express acceptance clause where the buyer states he is buying the property with full knowledge of all past disputes and will independently handle any present or future litigation; (3) a complete indemnity clause where the buyer indemnifies you and your legal heirs from any financial, civil, criminal, or compensation claims; (4) a “no recourse” clause where the buyer waives the right to sue the seller for title defects arising from the old fraudulent deed; and (5) an undertaking that the buyer will deal with any future claims from the fraudulent claimant at his own cost. You may also take a separate notarised declaration from the buyer confirming the same points. These clauses will legally protect you from future claims. I hope this answer helps. For any more queries, do not hesitate to contact us.

Include a clause in the Agreement of Sale/Sale Deed that the buyer is fully aware of the background/history of the plot and knowing very well of the legal consequences only, he has come forward voluntarily to buy this plot.

Include in the sale deed a clear indemnity clause stating the buyer accepts all future legal risks and claims related to the property, relieving you and your heirs of any liability. Additionally, have the buyer sign a separate indemnity agreement confirming they will bear all legal expenses and claims going forward. Get both documents drafted and vetted by a local Bangalore property lawyer before registration to ensure enforceability.

Dear Sir,

Clause/s You MUST Include in the Registered Sale Deed

These clauses protect you completely and shift all future risks to the buyer.

1. “As-Is Where-Is & With All Existing Litigation” Clause

“The Purchaser hereby agrees to purchase the Schedule Property on ‘as-is-where-is’ basis along with all existing encumbrances, court cases, claims, objections and disputes pending or that may arise in future relating to any forged or fraudulent documents created by third parties. The Vendor shall not be liable for any past, present or future litigation, claims or proceedings pertaining to the Schedule Property.”

You just need to record that the buyer is aware about the legal cases and after knowledge has decided to buy the Same

- You can mention in the agreement or even in the sale deed that there is not any kind of dispute etc. on the said property , and after knowing the earlier case the purchase is purchasing the property , and hence after the registration of the sale deed , the seller will not accountable for any type of dispute or claim. 

You should include a statement that the purchaser has personally verified all documents, understands the entire history of litigation, including the fake sale deed created by the seller’s son, and accepts the property with complete knowledge of the dispute. The deed should make it clear that the purchaser is buying the property on an “as is where is” and “as is what is” basis, having inspected all records and encumbrance details and having satisfied himself about the title.

The deed must include a clause that the purchaser will be fully and solely responsible for any present or future claims, objections, litigation, appeals, or challenges filed by any persons claiming through the previous owner or through any fraudulent documents. It should further state that the purchaser alone will handle any court proceedings, revenue office objections, municipal objections, police complaints, or third-party assertions, and that the vendor will have no financial or legal liability for such matters after execution of the sale deed.

A clause must clearly state that the purchaser expressly waives any right to claim refund, compensation, damages, cost of litigation, or reimbursement from the vendor or the vendor’s legal heirs under any circumstances, even if new disputes arise or old disputes reappear. The purchaser must acknowledge that he voluntarily accepts all risks associated with the property and undertakes to indemnify and keep the vendor fully indemnified from all claims, including court orders, interim orders, attachment orders, rectification requirements, or demands from any statutory authority.

The deed should also confirm that the purchaser will not at any point initiate civil, criminal, or revenue complaints against the vendor or the vendor’s legal heirs in connection with title, possession, past litigation, or entries in government records, and that any issues that arise will be handled exclusively by the purchaser at his own cost and responsibility. The purchaser must declare that the vendor has provided full disclosure of the litigation history and that the purchaser does not have any claim of misrepresentation, concealment, or defect of title.

If desired, you may also include in a side indemnity agreement an unconditional clause where the purchaser undertakes to defend all future claims at his cost and indemnifies the vendor against all liabilities, including court costs, advocate fees, compensation, damages, penalties, and enforcement of decrees. The buyer should explicitly affirm that this indemnity binds his heirs, successors, legal representatives, and assigns, and remains in force permanently.

The combined effect of these terms is that once the sale deed is executed, the buyer fully assumes legal responsibility for any issue connected with the land, and you and your legal heirs remain protected from all future claims.

Sale deed supersedes agreement for sale

you will not be able to enforce notarised agreement and affidavit if it is contrary to sale deed 

It is always advisable to have the deed executed on a registered document to ensure its enforceability. 

If in case of a dispute in future the unregistered document no doubt can have an evidentiary value but it cannot be enforced in court of law. 

It needs to be Registered compulsorily

It's suggested to have a sale deed with all the clauses,  not only the basic clauses but mentioning in full, without having either notarized agreement with purchaser or notarized buyer affidavit.

Yes, this structure is good, but with one tweak:

• Put all key risk‑transfer and buyer indemnity/waiver clauses inside the registered sale deed itself.

• Use the notarised side agreement and buyer’s affidavit only as supporting documents repeating that the buyer fully knows the history, accepts all risks, and waives claims against you and your heirs.

- It can be mentioned in the sale deed. 

Use these neutral, registrar-friendly clauses:

1. "As-Is" clause:
   "Property is sold in its present condition as-is-where-is, and buyer accepts all existing legal encumbrances and disputes."

2. Indemnity clause (KEY):
   "Buyer hereby indemnifies and holds harmless the seller and legal heirs from all claims, demands, liabilities, and proceedings arising from the property, whether past, present, or future."

3. Buyer's acknowledgment (neutral language):
   "Buyer acknowledges receipt of all relevant documents and title history and purchases with full knowledge of the property's status."

4. Waiver of recourse:
   "Buyer waives all rights to claim damages, refund, or recourse against seller for any third-party claims or disputes."

5. Liability clause:
   "Buyer assumes full responsibility for any legal proceedings, court costs, or settlements related to this property."

What to AVOID (will be rejected or questioned by Sub-Registrar):

• Specific case numbers or court details

• Names of litigating parties

• Detailed chronology of disputes

• References to "fake deeds" or "fraudulent documents"

Keep detailed history in SIDE AGREEMENT only (notarised, unregistered).

The fears of the buyer for including the said litigation clause in the sale deed are genuine, but it is unavoidabel.

However in the given circumstances, you can enter into an agreement with the buyer separately in this regard and get it registered under book IV in order to protect you from the future litigation or any other legal  hassle that may arise in this regards.

If the buyer is willing to execute a separate agreement in this regard, then there is no necessity for including the suggested clauses in the sale deed. 

You may better have the agreement  mentioning all the precautionary clauses and get the agreement deed annexed to the sale deed.

Sell your property on as is where is basis 

2) inform purchaser by email and letter about pending litigation before execution of sale deed 

Sell property on as is where is basis 

sale deed should mention that purchaser has taken inspection and has satisfied himself about title of the seller 

For the same entire document needs to be studied and vetted 

Yea it’s fine. Yes it’s better a day before 

1)if  the buyer backs out from the deal, then the entire token amount will be forfeited by the seller.

2)in case the seller backs out from the deal then he will have to return the earnest money paid by the buyer

3)The sale agreement should clearly set out the timeline within which the sale will be concluded and that if the sale is not concluded by such time, the sale agreement shall stand cancelled, 

4)the seller has cleared all amounts due and payable in respect of the property (including but not limited to property taxes, maintenance charges, electricity charges, water charges, etc) until the date of the sale and he be liable to discharge any such liability that may arise after the date of the sale but for a period prior to the sale,"

5) The sale agreement should also contain a clause on indemnity whereby the seller indemnifies the purchaser against all losses and damages that may be suffered by the seller in case of a defect in the title of the seller or on account of a breach of the sale agreement 

A registered sale deed in Karnataka cannot contain lengthy litigation details, allegations, or references to fake documents because sub-registrars generally object to anything that looks like a dispute. This is the reason your lawyer is warning you not to include litigation history in the registered deed. The buyer’s lawyer is also correct in saying that if the sale deed itself contains past dispute details, the buyer will face difficulty when selling the property in the future. Therefore, the practical and legally safest method is to keep the registered sale deed clean and simple while putting all sensitive clauses in a separate document.

The registered sale deed should contain only a few essential clauses that protect you without causing sub-registrar objections. These include a statement that the purchaser has personally verified all documents and satisfied himself regarding title, a clause that you have disclosed all material facts separately to the purchaser, a clause that after the sale you and your legal heirs will not be responsible for any past or future claims, disputes, objections, encumbrances, or litigation of any kind, a clause stating that all future disputes and proceedings after the date of sale will be handled solely by the purchaser at his own cost, a clause that the purchaser waives any right to seek refund, compensation, damages, or reimbursement from you for any reason, and a light indemnity clause where the purchaser agrees to keep you and your heirs indemnified from all losses arising after the sale. These clauses are sub-registrar-safe and acceptable under Karnataka practice. They provide you with protection without mentioning the past fake sale deed or injunction case.

All detailed litigation history, including the fake sale deed created by the earlier seller’s son, the injunction case, the stay order, the nature of the dispute, and the risks arising from past or future claims should be placed in a separate side agreement. This agreement should also contain all strong indemnity and waiver provisions, including the buyer’s acceptance of full responsibility for any legal issues, the buyer’s agreement not to initiate any civil, criminal, or revenue action against you or your heirs, the buyer’s acceptance of “as is where is” title, and a permanent undertaking that the buyer and his heirs will bear the entire legal and financial responsibility. This side agreement should also include the buyer’s confirmation that he has examined all documents, including court papers, EC, revenue records, mutation entries, and is voluntarily purchasing despite knowing the entire history.

It is recommended that this side agreement be registered in Book IV at the sub-registrar office. Registration gives it higher evidentiary value, makes it enforceable, and prevents the buyer from later denying or challenging it. Registration should ideally be done on the same day as the sale deed, or one day before. A notarised buyer affidavit may also be taken as an additional layer, stating that he is purchasing voluntarily, has checked all documents, accepts all risks, and waives all future claims against you.

This structure—clean registered sale deed with limited protective clauses, plus a detailed registered side agreement with full indemnity and litigation disclosures—gives maximum legal protection to you and your legal heirs while complying with Karnataka registration practice and addressing both lawyers’ concerns.

There's no state specific clause for sale deed except the clauses that are usually invoked protecting the interests of the buyer and not seller.

The agreement is different to that of the sale deed hence you can get both the documents registered simultaneously or at different times but the agreement may be executed before the registration of the sale deed.

Refuse to sell  the land to buyer 

sale deed should be fair and protect interests of both parties 

If the buyer is not keeping up his words at this pre purchase stage itself then you cannot expect the buyer to co-operate in the future especially in case of future litigation. Therefore you may better prevail on the buyer to accept the clauses or change the buyer.

You cannot compromise with the buyer now to repent over it at a later stage.

You may better decide patiently and not to hurry.

The deed should the drafted in interest of both the parties and should not be unilateral 

1. Registered Sale Deed – Include These Neutral Clauses:
All registrar-acceptable indemnity language:​

• "As-Is-Where-Is" clause

• "Full and Final Settlement" – buyer acknowledges no future claims

• Indemnity Clause (standard): "Buyer indemnifies seller and heirs from all claims arising from the property"

• Waiver of Recourse – buyer waives damages claims against you

The Karnataka registrar will accept these standard clauses.​

2. Notarised Side Agreement (Non-Registered) – Maximum Protection:
Since buyer refuses registration, execute a detailed notarised deed of indemnity containing:​

• Complete litigation history, fake deed details, case numbers

• Buyer's acknowledgment of all risks and legal burdens

• Buyer's express indemnity promise (enforceable under Section 124 ICA)

• Buyer's waiver of all future claims

Enforceability: A notarised indemnity deed is legally binding between you and the buyer under Indian Contract Act (Section 124–125) and is judicially enforceable.​

3. Buyer's Affidavit:
Have buyer sign a notarised affidavit affirming:

• Voluntary purchase with full knowledge of litigation

• Acceptance of all past and future legal risks

• Waiver of recourse against you and heirs

4. Sequence of Execution:

• Execute and notarize the side indemnity agreement FIRST

• Then register the sale deed (with standard indemnity clauses)

• Do NOT register the side agreement as Book IV (buyer's objection understood)

Why This Works:

• The notarised indemnity deed is enforceable against the buyer if he later sues you or your heirs.​

• It will not appear on the registered title, so it won't hinder the buyer's future resale

• The buyer's affidavit becomes strong documentary evidence of his consent and waiver

Residual Risk:

If a third party (not the buyer) files a claim later, the notarised deed protects you against the buyer only, not the third party. But third-party claims in such cases are rare post-sale to a bona fide purchaser.

Proceed with this layered structure—it is the standard approach used in such transactions in Karnataka when buyers resist risk clauses in the registered deed.​

- Take help of a lawyer for drafting the said deed 

since the buyer is refusing both (a) a Book IV registered indemnity agreement and (b) inclusion of buyer-risk clauses in the sale deed, you need to understand very clearly that your legal protection reduces unless you insist on certain minimum requirements. However, even in this situation, you can still safeguard yourself and your heirs provided you follow specific steps.

You must insist on including at least a basic indemnity clause in the registered sale deed in a simple and non-controversial manner. This clause must say that after the sale, all liabilities, objections, claims, demands and proceedings—whether civil, criminal, revenue, or municipal—will be the sole responsibility of the buyer, and the seller will have no liability. This is a standard clause, and no sub-registrar will object to it. If the buyer refuses even this, the transaction becomes unsafe for you.

You should also include a standard recital that the buyer has inspected all original documents, encumbrance certificates, revenue records and mutation records and is satisfied with the title. This protects you from later allegations of misrepresentation or fraud. This is also a normal clause and not objectionable to sub-registrars.

If the buyer absolutely refuses any buyer-risk language in the sale deed, then your only remaining protection comes from a notarised indemnity bond and notarised buyer affidavit. These will not be as strong as a registered document but will still help you significantly if a future dispute arises. These documents must include full indemnity, waiver and disclosure clauses. The buyer must declare that he has reviewed the litigation history, understands the past disputes, accepts all legal consequences, and permanently waives any rights to claim refund, damages or compensation from you or your heirs. He must undertake to indemnify you from any lawsuits, claims, court orders or governmental actions arising now or later.

You should also retain copies of all court judgments, orders, EC records, fake sale deed details, and all your disclosures. The more documents you have proving you disclosed everything, the safer you are if a dispute arises. Keep email or WhatsApp proof of giving these documents to the buyer before the sale.

If the buyer still refuses a registered agreement but agrees to a notarised one, then ensure the notarised agreement contains the strongest possible language. Include clauses stating that the buyer’s heirs, successors and assigns will also be bound by the indemnity permanently. The buyer must also acknowledge that his lawyer has independently examined the property and advised him, so he cannot later claim he was misled.

Wherever possible, take a video recording of the buyer acknowledging that he fully understands the past litigation and is taking the risk voluntarily. Courts have accepted such recordings as corroborative evidence in property disputes.

If the buyer refuses both a registered indemnity agreement and refuses to permit even basic risk-allocation clauses in the sale deed, the risk shifts entirely on you. In such a case, you must reconsider whether to proceed, because the buyer is intentionally trying to create a record suggesting that all risk must remain with you even after the sale. A reasonable buyer should not object to simple, standard clauses that merely say he is satisfied with the title and will bear responsibility after acquisition.

Your safest approach is to insist upon, at minimum: (1) a basic indemnity clause in the sale deed, (2) a recital that the buyer has checked and verified all documents, and (3) a notarised indemnity agreement with strong language. If the buyer agrees to these three components, you will have substantial protection even without Book IV registration. If he refuses any one of these, particularly the indemnity clause in the sale deed, the associated risk for you and your heirs becomes unacceptably high.

If needed, I can draft both documents—the sale deed and the notarised indemnity agreement—with carefully worded clauses that will not trigger objections from the sub-registrar or the buyer’s lawyer while still giving you maximum legal protection.If you wish to contact us, you may do so on https://qrco.de/syslaw 

you should not have added indemnity clause in sale deed 

now you have no option but to conteste the false case filed by fake buyers 

also file police complaint of cheating , fabrication of documents etc against the fake buyer 

File an application in the same injunction case through your lawyer to close/dismiss the suit as infructuous, on these lines (in substance):

• Inform the court that you have already sold the property to a bona fide purchaser, enclosing copy of the registered sale deed.

• State that your father (GPA holder) and you no longer have any right, title or interest, so no injunction can now be enforced against you.

• Pray that the suit be dismissed as infructuous / not maintainable against you, and that you be deleted from the array of parties.

Separately, continue with the FIR and proposed execution proceedings against the fake buyer and original seller’s son – that is your real pressure tool; you generally cannot “force” them to withdraw the case, but you can (a) get yourself released from it, and (b) keep strong criminal and execution pressure on them so they come forward to settle/close.

The arrest can be the only way throughout which the same can be done 

You have already taken the most important steps for protecting your title—namely filing the FIR against the fake purchaser and the original seller’s son, releasing the injunction in favour of the genuine buyer, and incorporating a strong indemnity clause in the sale deed. Legally, once the property is sold and the buyer has accepted all past litigation risks through a written indemnity, the burden of any future claims shifts away from you.

The present problem arises because the fake purchaser is deliberately keeping the old injunction suit pending by adding an unknown person as Defendant No. 2 and ensuring that notice is not served. This is a common tactic used to keep the matter artificially alive and exert pressure for settlement. However, the pendency of this case does not affect your completed sale transaction, because you have already transferred title and possession to the genuine buyer with all disclosures.

There are multiple legal options to force closure of the fake suit:

First, an application can be filed under Order 1 Rule 10 and Order 7 Rule 11, pointing out that you have already sold the property and no relief survives against you. You can request the court to strike off unnecessary parties and to dismiss the suit for lack of cause of action. The fact that the fake buyer added a random person only to delay proceedings can be highlighted clearly.

Second, you may bring the FIR, the fraudulent nature of the fake sale deed, and the police investigation on record. Courts take fraud very seriously, and once convinced, they will refuse to entertain suits filed with ulterior motive. Presenting certified copies of the FIR and the investigation progress will strongly support your application.

Third, since you have mentioned that you plan to file execution proceedings and seek arrest, that pressure itself usually forces the fake purchaser to withdraw frivolous cases. Once execution is filed, the accused will be compelled to appear before authorities and the likelihood of compromise pressure reduces significantly.

Fourth, an application for early hearing or advanced listing can be moved before the same court to prevent the matter from being kept pending indefinitely merely because service on the unknown defendant is not complete. The court has inherent powers to proceed against other defendants even if one intentionally evades service.

It is important to note that your liability is already minimised because the genuine buyer has accepted all risks through a registered indemnity clause. Even if the case continues, it will not affect your legal position or expose you to financial claims. Still, for strategic closure and to avoid unnecessary harassment, it is advisable to file at least one application in the pending suit placing the entire factual matrix before the judge. Once the fraudulent nature is brought to the court’s direct notice, the judge is likely to take strict view and dismiss or close the matter.

If you want, I can help you draft the appropriate application in a manner that brings out fraud clearly without creating any new complications for you or the new buyer.

Since the property is already legally sold, the injunction suit may not be maintainable, but court may not dispose the injunction application pending because of the unserved defendant.
If a defendant is unnecessary or cannot be served, court can strike them off. Especially applicable if the added defendant has no role or interest.
The Sale deed is executed legally.

Indemnity clause protects buyer from past litigation.

An injunction suit based on a fake deed cannot defeat a valid sale, especially after release of injunction earlier.
File Order 7 Rule 11 application to reject plaint on the grounds that suit is infructuous.
You may simultaneously file an application to Delete 2nd defendant and seek dismissal with costs for abuse of process.
If dismissal is taking time, inform court that property is already transferred, therefore the injunction petition is not maintainable.

- Since, the injunction already vacated , then you was having right to sell the property , and hence it cannot be challenged

File police complaint against said person for criminal intimidation 

record all his threats 

In the absence of any agreement between you and the so called broker, you don't have to entertain his claim for commission.

As the deal what he proposed failed and cancelled he has no role to play in the present deal which was initiated and concluded without any iota of his involvement in it.

If he persistently threatens you then you may record his calls and first issue a legal notice warning him of legal consequences for indulging in such illegal activities of threats, extortion and intimidation etc, and instruct him to refrain from such nefarious activities.

If he still continues to threaten then you may lodge a criminal complaint against him with the local police station for initiating proper legal action against him.

It better to hire a lawyer for better understanding and support 

A brokerage or commission becomes payable only when there is a concluded agreement appointing a broker and the transaction is successfully completed through his efforts. In your case, there was no written brokerage agreement, the intermediary himself declared the deal cancelled on WhatsApp, the final transaction was concluded independently between buyer and seller, he failed to secure buyer consent on key terms, and he has no documentary proof of appointment or entitlement. On these facts, no legal right to commission arises.

A private individual has no authority to summon you to a police station for an alleged commission dispute. Police have no jurisdiction over such civil claims. Any calls pressurising you to come to the police station, particularly from the same local jurisdiction, are illegal and amount to misuse of authority.

You should not go to the police station voluntarily unless you receive a written notice under law (such as a notice under Section 41A CrPC or the corresponding BNSS provision). Without a written notice, there is no legal obligation to appear. You should immediately preserve all evidence, including WhatsApp messages where the intermediary declared the deal cancelled, call logs, any threatening messages, and details of calls received. If legally permissible, record the calls. Also keep copies of the earlier FIR you filed in the fraud matter, as it establishes background motive.

The most effective immediate step is to issue a legal cease-and-desist notice through a lawyer. The notice should clearly state that there was no brokerage agreement, that he himself declared the deal cancelled, that the sale was concluded independently, and that any further threats, police pressure, or demands will invite criminal action. In many cases, such a notice alone is sufficient to stop harassment.

If the threats or calls continue even after this, you should file a written complaint to the senior police authorities such as the DCP or SP of the district. The complaint should narrate the facts, allege criminal intimidation, attempt to extort money, and misuse of police machinery, and enclose WhatsApp proof. Senior officers generally act firmly when civilians misuse local police influence.

Legally, the conduct described attracts offences such as criminal intimidation, attempt to extort money, harassment, and abuse of process. If there is evidence of collusion with police personnel, conspiracy may also be attracted. Even making it clear that you are prepared to invoke these remedies often neutralises such pressure tactics.

As for future harassment, his legal options are extremely weak. A civil suit for commission is unlikely to succeed in the absence of any agreement or proof that the deal was concluded through him. A police complaint on commission issues is not maintainable. Any false complaints can be effectively countered using the documentary trail and the earlier FIR context.

It is advisable to engage a lawyer at this stage, not for prolonged litigation but for preventive action. A properly drafted legal notice and readiness to escalate to senior police authorities is usually sufficient to bring such blackmail to an end.

Do not negotiate or make any payment, do not visit the police station casually, and ensure that all future communication, if any, is documented. If required, the next step would be to formally complain to higher authorities, which will protect you and your family and stop further harassment.