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Author Topic: Issues with land after buying from seller  (Read 1257 times)

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Offline vijayendra

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Issues with land after buying from seller
« on: September 15, 2015, 12:59:12 PM »
Hi

I have bought a land from a seller.we got it registered with agreement and we had all the documents. However we don't have originals of the land document and the registrar went successful as the seller has Xerox copies.he is owner for the property. The only challenge now is this seller has made an agreed to sell this property to different person long back ..2 years back with an agreement for 6 months .this is not valid because it is now two years and he made fresh agreement with us and sold the land.the seller didn't took the original land documents from that person and we in fact went a head and got this registered as we have duplicate documents.we have now Called the person who has intially thought of buying the land and asked him to return the original documents as the land was sold us and the deed to register for 6 months is expired.now this person  is threatening that he needs land now and he was asking us to register to hand over the land to him.he is asking this to me and the seller. Also the seller was asking this guy to take his money back and that guy was not taking and he went to file a caw against my seller and me.please note that the land Was sold only to us only after the agreement from that guy W's expired.the seller didn't returned the money and has asked many times to that guy to collect his money and return the documents but he never and seller sold this for us.

Please let me know who owns this and what should the seller and me should do to avoid or fight for this.I want to ask whether we did any mistake because we didn't cheated My one and we went for registration only when that agreement was expired with other person. The only thing is that the old original documents are with other intial2guy and I don't think that they can become owner for this land as we have registered this as per seller agreement with registrar

Offline adv.amarnath

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Re: Issues with land after buying from seller
« Reply #1 on: September 15, 2015, 11:52:54 PM »
I have gone through your statement which is very clumsy to understand for layman. Anyway, you have not mentioned the details of earlier Agreement for Sale made between the erstwhile land owner and that claiming person.

First I would like to say that if you have not made 'searching' respect of the purchased land, then you did great mistake.

Second, if the claiming person has registered Agreement for Sale and before the expiry of the same, if you have purchased then your ownership may be in doubt and totally depends on the Judicial Officer once that person file a suit for specific performance against the erstwhile landowner and you.

Third, if the Agreement for Sale of that person is unregistered and expired then you are the absolute owner of that property and nothing will happen. Even he has original document and file a civil case against you.

Fourth, If the Agreement is unregistered and has not expired and 'Readiness and Willingness' is in favour of that person then it will be matter of facts and law which will be determine in a civil case.

Fifth, holding original papers/ title deed of a property does not became the owner of the land.

Above advice is based on your statement which may or may not be proper as I have not seen the Agreement for Sale of that claiming person nor I have check yours. Even you have not provided the details of any documents.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline vijayendra

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Re: Issues with land after buying from seller
« Reply #2 on: September 16, 2015, 12:13:46 PM »
Hi

Sorry for the confusion. The agreement of sale between land owner and other person has expired. We have then made agreement with landowner and got registered.

Offline adv.amarnath

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Re: Issues with land after buying from seller
« Reply #3 on: September 17, 2015, 08:37:43 AM »
Expiry of Agreement for sale period will not enough, please enquiry to the erstwhile owner that whether there is/ was any sort of letter or notice is being sent from that person regarding the property. If yes, then you have to go through the contents of the letter as well.

If the erstwhile owner had suppressed this fact of readiness and willingness of that person, then the case of that person may stand. Please check and enquiry accordingly.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline vijayendra

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Re: Issues with land after buying from seller
« Reply #4 on: September 17, 2015, 12:51:30 PM »
HI

There is no letter or notice is being sent from that person regarding property till now to this erst while owner and i can confirm thisThat person has confirmed verbally that he dont want to register and the erst while owner has then selled the property to us. There is no letter or notice to this erst while owner yet and that guy has threatened that he will go to court now. May be he might issue this letter or notice now,but we had already registered the land. Before the land registration, that guy came to us and requested to leave this land as he is interested to buy. We then said since ur agreement was over, we have taken this. That guy left and came now threatening us.

One thing i would like to highlight is that guy has made an agreement two years back for three months to get the land registered. During this, the Govt has issued a GO to stop registrations for sometime. the govt has re issued a GO now after 2 yrs to allow people in that area to continue registration. Now will that agreement made two yr back for three months will still be valid  or not? I m hoping it should not be valid because this guy didnt renew the agreeement knowing that GO has issued to stop. Can you confirm if that agreement will be still be valid as that is expired and will he has any right to claim that govt has delayed with GO and it is his responsibility to renew the sale agreement with timelines ? Am i correct?

Offline adv.amarnath

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Re: Issues with land after buying from seller
« Reply #5 on: September 17, 2015, 09:24:33 PM »
On the basis of your statement I firmly believe that guy has no good case but still he can file a civil case which will be dismissed eventually.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline vijayendra

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Re: Issues with land after buying from seller
« Reply #6 on: September 20, 2015, 01:54:46 AM »
Hi
One more thing is that person said he is not interested to take land and then the erst while owner has again put his house on hold.

When we made the agreement for sale then this guy came back and said he is again willing to buy.we have discussions between all of us and said u have left the deal and v make it.

This all happened via sit up meeting.there are no notices between anyone.

So v made the deal only when that guy left and registered the land

I also have to say that the erst while owner hasn't returned advance money to that guy which he has taken initially and the erst while owner is asking that guy to collect his advice but that guy said I will file case as he hasn't given the land and left the place.please let me know if this still creates By issuea for us

I m sure that guys agreement is over and no letter has been sent to erst while owner
Can u confirm if they have any chance of using this advance amount in favour of willingness and create any issues for me????

Offline vijayendra

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Re: Issues with land after buying from seller
« Reply #7 on: September 22, 2015, 11:13:45 AM »
Please can you help in clarifying?

 

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