• Agreement to sell

I sold a house by executing an Agreement to Sell dated 27.6.99 in which it was stated that the entire consideration has been received by me, that possession has been delivered to the vendee, that I shall continue to live in the house as a licensee @Rs.500/- pm. Due to various reasons the sale deed could not be executed immediately. In 2004 I submitted an affidavit to the Government that I did not own any property and on this basis I was allotted a plot in lieu of my resumed old grant bungalow by Ministry of Defence in 2006.  In 2008 the Government filed a civil and criminal case against me saying that I had submitted a false affidavit because no sale deed had been executed in respect of the house sold by me and hence title remained with me. In 2007 the vendee of the house sold by me filed a suit for possession by specific performance of the Agreement to Sell which was decreed in his favour in 2010 wherein the Sale Agreement stood validated. Since the cases are still pending in court, my query is whether or not my affidavit of 2004 is valid?
Asked 9 months ago in Property Law from Ambala Cantt, Haryana
Religion: Hindu
1. Your affidaivt is very much valid.
2. Mere non execution of deed of sale does not make you owner of the house.
3. once sale agreement was executed and full consideration was received you were no more considered to be its owner.
4.So file petition for rejection of plaint and quashing in high court.
Devajyoti Barman
Advocate, Kolkata
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The truthfulness of the affidavit is to be tested on the touchstone of the actual status which prevailed as on the date of execution of affidavit. Subsequent conveyance of title to buyer does not purge your criminal act. Contest the case on merits as it is a serious offence.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) your defence ought to have been that since full consideration has been received by you and possession delivered to the purchaser tithe to property passed on to purchaser by  agreement for sale . No separate sale deed was necessary 

2) hence statement made by you in your affidavit was true and no false statement was made by you 

3) however if possession had been delivered by you what was necessity for purchaser to file suit for possession in 2007 ? 

4) it is necessary to peruse various documents cited by you to advice further 
Ajay Sethi
Advocate, Mumbai
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1221 Consultations
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No doubt you have entered into a sale agreement but the fact as per law is that you have not alienate the property as on the date of your affidavit.  This makes your affidavit false. Sale agreement will not confer title to the purchaser, therefore the title still remained on you as on the date of allotment of new property by government to you. The affidavit what you have given may be considered as a false statement made on oath and perjury action also can be taken against you.
For our information if the title of the property vested on the purchaser what made him to approach court to file a suit for specific performance of contract and got the suit decreed in his favor.  If he was the title holder and you were divested of the title of the property, he need not have approached court seeking its permission to declare his title in the property.
Your defence seems to be very weak, hence make some alternative arrangement. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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The FIR was quashed but criminal complaint is pending. Please help me legally.

Once FIR has been quashed where is the question of pending complaint, you can apply for discharge on that basis itself. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Hi 
Your affidavit in 2004 is valid as the agreement of sale was entered in to on 27-06-1999 and you have been living in the house as a licensee.
Executing a sale deed is different from agreement to sell. In your case, it is the duty of the buyer to get the sale deed executed. As far as you are concerned, you have executed an agreement to sell, received the consideration and also handed over possession. so technically you are not the owner of the house since 27-06-1999.
The same having been confirmed by the court in 2010, your affidavit is legally valid and tenable. 
Since FIR is quashed,, there will be no issue in closing the criminal complaint as well. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0

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