Previous land owner selling part of land after sales deed
My relative purchased a land plot with residential building on June 2016. They signed 2 agreement/stamp papers . One was the sales deed wherein the seller acknowledged that we he was selling his land / property to them. On it , was mentioned the 4 walls surrounding the compound to designate the owned land. Unfortunately, due to oversight or some other intention, area was mentioned in the deed as 800 sq meter whereas in reality it was somewhere closer to 900.
On the second paper, which was money receipt,the seller acknowledged that he has sold the land to my relative and received the amount, duly signed by both parties and 7 witnesses. Although almost the payment is fully done, 10lac is pending. My relative wishes to give it to them once they hand over the keys and vacate the property.
Now the thing is the seller has selected a small patch of land near one of the walls, approx 150 sq mar, that's falls within the compound and decided to sell it to a third party. My relatives were notified on 29th July of such. His argument is that since in the agreement, only 800sq meter was mentioned , he can sell the extra land as it isn't breaching the agreement. I would also like to mention it here that this sale was on the mutual understanding that the seller was selling the compound within the walls, as mentioned in the agreement. Hence accurate area measurement wasn't conducted by my relatives, the buyer.
My relatives are taken aback by this situation. The portion of land the seller is selling to third party is build able land and my relatives had a plan to construct a building there. The seller is adamant on selling the land as he says it doesn't breach agreement. My relative has asked the seller in that case to refund the money as purchasing the plot wasn't viable option if the land was being divided. The seller says he has already used the money to pay off his various debts and it was not possible to return the money. My relatives can't wait a long time for the seller to return the money in instalments as it was a significant sum and its gonna take more than a year for the seller, if he tried, to return the amount. Furthermore, the seller has a history of defaulting on his loans. In fact, the 150sq meter plot which he is selling to the third party is to payback the loan he took from that party.
Any legal advice is highly appreciated on how to proceed on this matter.
Asked 7 years ago in Property Law
Religion: Other
as per your advice they agreed to settle outside court. The seller has went ahead and sold the aforementioned portion of the land to the third party and my relatives have agreed to pay just 5 lacs of the remaining 10lacs, which the buyer also agreed. How do we proceed with an agreement amongst all 3 parties, with proper boundary marking and such, so as to avoid any future altercations?
I am assuming my relatives should have a proper look at the agreement made with the seller and the 3rd party too...
Should we also redo the previous sales agreement with the seller? If yes, I would highly appreciate guidance on such as I have no faith on our local lawyer cause, as you mentioned, he made a pretty terrible draft which lead to so many problems.
Asked 7 years ago
