Unregistered sale agreement
I have purchased landed property at vandalur,chennai on 23.11.2015. Today i have received one layer notice states one person already one unregistered sale agreement with a land lord by paying Rs.five lac advance for the period 3 monyths from 11.8.2015 but not executed the document till 10.11.2015. And also the lawyer notice says the person will file suit to cancell the sale Deed dt. 23.11.15. As a purchaser of the land what precaution i have to take. Please guide me sir.
Asked 10 months ago in Property Law from Surandai, Tamil Nadu
Hi, you have to reply the legal notice stating that you are the bonafide purchaser for value.
2. It is better you can file a caveat petition before the court that he will not get any ex-party order against you.
3. Now they can't seek for cancellation of the sale deed which is executed in favour of you by your vendor.
4. You have to contest the case on merits.
1. Hope you have already registered your sale deed,
2. Unregistered Agreement for Sale is not legally valid,
3. So, the other person will have no claim on the said property you have purchased,
4. Send a reply to the said lawyer's notice through your lawyer and Relax.
You have to verify the details from your vendor and confirm if there was any sale agreement between him and the so called buyer.
You should issue a reply notice to the legal notice you received denying the allegations leveled and can advise him to instruct his client to approach the vendor for return of his money if at all given him any and seek further reliefs from court of law against the vendor, and despite this reply if he is approaching court with his vexatious claim , he may do so at his own risk and he may face the consequences and costs accordingly.
Contact a local lawyer and give reply notice accordingly.
Now the present stage you should issue a Reply notice with the help of a lawyer. Unregistered Agreement for Sale is not legally valid. The other party can only seek damages and return of advance amount only from the original owner of the property which they entered in to an agreement.
1. Contact a local lawyer.
2. Deny all the allegations alleged in their notice and described as you are genuine purchaser in your replay notice.
3. File a Caveat petition before the court of jurisdiction in your locality.
1) have you purchased property by registered sale deed ? please clarify
2) you are a bonafide purchaser of value and if you have purchased property by regd sale deed your interests are protected .
3) you must contact a local lawyer and reply to legal notice .
4) ask for inspection of documents mentioned in legal notice .
5) your sale deed must have contained an indemnity clause wherein seller indemnifies you against any claim made for the property
Before purchasing the property did you take the necessary precautions and also did you get the documents verified by a Lawyer, did your advocate take out a public notice in atleast two newspapers before registration. if you have then there is no need to worry. reply to the lawyer notice stating that you had done the due diligence and only thereafter you have purchased the property.
If the other party files the suit be prepared to defend it.
whatever precautions you had to take was before the purchase and not after. Be in possession of the property come what may. do not let go of the physical possession of the said property at any cost.
Since the seller has previously entered into an agreement to sell with another prospective buyer, which he has not cancelled, he cannot convey a free and marketable title to you. So you should cancel the sale agreement which you have made with him.