• Proper chain of deeds not available with 1st buyer of flat

Sir,
I had been willing to buy a flat in lucknow and had entered into an sale purchase agreement with 1st buyer of a flat but later i came to know he is not having proper chain of deeds with him and also while preparing search report 12-30 years of the same flat couldnt be completed due to missing chain deed due to which my bank is not sanctioning me the loan. 1st buyer is not returning me the advance i paid to him as per agreement. What can i do? I have also given him some money apart from agreement through chq do i get any protection?
Asked 2 years ago in Property Law from Lucknow, Uttar Pradesh
Dear Client,In that case you should immediately issue a Legal Notice to first buyer therafter file a recovery suit against him and if you need more clarification then contact us then i will try to elaborate properly.
Advocate Anurag Bhatt
Allahabad High Court.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
1, This is quite common problem and hence ti safeguard the perspective buyer the appropriate recital/clause is to be mentioned in the sale agreement.

2. So check whether there is any such terms whereby the seller is bound to return the earnest money if the loan is not sanctioned or the seller fails to rove his title.

3. Send him a legal notice cancelling the agreement and ask for return of advance money.

4. Without forfeiture clause the seller can not withheld the advance money.

5. If he refuses to do so then you can file civil suit for recovery of money and for cheating as well.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1)what were the terms and conditions of sale purchase agreement ? 

2) did it contain a clause that in the event seller fails to make out a clear and marketable title to the flat advance money paid would be refunded? 

3) was sale agreement registered? 

4) you can cancel the agreement if seller fails to furnish clear and marketable title to the property 

5)issue legal notice to seller that as no clear and marketable title to  flat has been made bank is refusing to sanction loan and ask for refund of your earnest money . 

6) if seller fails to refund then file suit for recovery of your earnest money 

7) you cant be forced to buy the flat . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
First verify whether the apartment owners have formed the association. If so you will be getting the documents pertaining to your apartment there.  Or else you have to give him the notice and claim your money back.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Hi, if there is no clear title, the property which you are going to buy is defective title then issue notice to the owner for return of the money which you have advanced......if not  paid file a suit for recovery of the money.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Check the agreement you entered into if there is any clause of termination and what about earnest money.Even otherwise also, you can terminate the agreement for the reasons of defective /unclear title and being it a un-concluded contract, you can recover the amount paid to him.File case for recovery.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
A. I buyer has defective title, hence your are entitle to get advance amount by filing suit for recovery of money.

B. Notwithstanding in the absence of any penal or forfeiture clause in your agreement that your right will be protected under the law.

C. Kindly issue legal notice regarding cancellation of the agreement and seek advance money.

D. Apart from that agreement if you gave money to him, no problem you have released amount vide issue of cheque that it can be treated as a receipt of the amount and you can take defense by narrating the facts that I have paid an amount  for the  documentation charges and repair works.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
1. If he is the first buyer of the flat in a building having multiple flats, then he is not expected to have the original link deeds of the land,

2. You can make a search about he chain of deeds from the registration office about he land and also the Development Agreement,

3. If here is any defect in the title, the owner is bound to refund you the advance paid by you,

4. Was it not mentioned in he agreement of sale hat he amount advanced will be returned within 7 days if any defect in title of the owner is detected?

5, However, you can lodge a police complaint against him or cheating,

6. Since you a consumer here, you can file a recovery suit  or file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of he advance amount, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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