• 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 4 months ago in Property Law from Itanagar, Arunachal Pradesh
Religion: Other
1) your agreement is badly drafted

2) if in agreement it is mentioned that seller is selling only 800 square meter land then your relative cannot claim 900 squate meter land 

3) if seller is seeking to sell land within compound then your relative can move court and seek injunction restraining seller from selling that portion of land as in the schedule it is mentioned that land within the compound would belong to the buyer ie your relative . 

4) file suit for specific performance . mention that you are willing to pay the balance amount of Rs 10 lakhs if seller delivers vacant possession of the land 


5) it is better to arrive at an amicable settlement with the seller as litigation is long drawn process 

Ajay Sethi
Advocate, Mumbai
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1222 Consultations
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Firstly the sale agreement entered between the vendor and the buyer is not by a registered document, hence it is not maintainable in the eyes of law.

Secondly the  vendor is right in stating that he has not sold the landed property which was already sold. 

 The property which is sold to your relative is as per the document only and not as per the existing measurement that is available beyond the property already sold. 

Any verbal agreement between the parties are not maintainable in law and any claim in that regard is invalid.

If the vendor is not responding properly then you may file a suit for specific performance of contract and in that you can appoint a commissioner to inspect and measure the property now under sale and establish the correct measurement of the property or can even opt for refund of amount already paid as an alternate solution. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1) you should contact a local lawyer and get the agreement drfated by him 

2) since seller has sold that land to buyer he in turn would have to enter into sale deed with you 

3) you can enter into MOU with seller and buyer before sale deed is entered into 

4) engage another local lawyer 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
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?

In the given situation a rectification deed may be executed and registered so that all the issues are covered in including the demarcation or a supplementary sale deed is the next option.






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.

You may ignore the lawyer and get the rectification deed prepared through a local document writer explaining the circumstances and also to redraft the sale deed in the name of rectification deed or to straightaway  a supplementary sale deed or a fresh sale deed, whichever suits the circumstances. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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