at your mercy
20 April 2025 at 21:43
1. Approximately 140 sale deeds were executed between 2010 and 2015 for the sale of undivided share (UDS) by a flat promoting company (Vendor 1) and an individual (Vendor 2), both of whom were jointly represented by the same person acting under a Power of Attorney (POA) granted by each vendor.
2. Vendor 1 had originally acquired ownership of a total extent of 215 cents through three sale deeds executed in 2007. Vendor 2 had separately acquired ownership of 22 cents through a sale deed executed in 2003.
3. Subsequently, Vendor 2’s sale deed was rectified towards the end of 2003 to correct certain survey numbers and to add additional survey numbers. However, there was no change in the extent of land area conveyed.
4. It has now (as of April 2025) been observed that the UDS sale deeds executed between 2010 and 2015 do not refer to the rectified sale deed of Vendor 2, nor do they mention the rectification deed's document number. They only mention the original sale deed's document number.
5. It has also been observed that in one of the sale deeds under which Vendor 1 acquired the property, the property description mentions an extent of 0.10 cents (Item 1) and 0.45 cents (Item 2). Vendor 1 claims that the actual extents are 10 cents and 45 cents respectively. However, the schedule of property in the said sale deed also reflects the extent as 0.10 and 0.45 cents. Vendor 1 has not taken steps to rectify this discrepancy.
Request for Advice:
What are the legal implications of the missing reference to Vendor 2’s rectification deed in the UDS sale deeds?
What remedial actions should be taken to address the discrepancy in the extent of property as mentioned in Vendor 1’s acquisition deed?
How should the buyers' title to UDS portions be safeguarded in light of the above issues?
naveenraj jain
20 April 2025 at 18:50
Respected Sirs,
I have agreed to sell my agricultural property to the buyers (2) under an registered sale agreement 2 years ago.
We both parties had agreed on few conditions where one condition wrt completion of the sale below.
That the sale deed shall be completed within 3 months (such date also mentioned) in failure to do so on the purchaser part the sale price shall change.
Now after 5 months of the sale agreement registration the purchaser and the agents were not coming forward to complete the sale nor paying the balance consideration despite me fulfilling all the requirements for registration. So I sent them (purchasers) notice stating the facts and also given
ultimatum to complete the sale within 45 days failing which the sale agreement shall stands cancelled. The purchasers have acknowledged the notice but haven't replied even after one year of the notice being served..
Since the sale agreement is registered how do I get the sale agreement cancelled in the books of the sub registrar. I'm even ready to repay the advance amount which is paid to me..
Anonymous
20 April 2025 at 09:48
Dear All,
Need a kind advice on property sale to agreement not executed by 1st party.
I did one of the agreement in last feb 2024 for one of the plot where in i paid 20% advance in white and balance at the time of registry.
The major problem was 1st party from whom i did agreement, the said plot was taken by him in auction from HSVP, but he didnt made full payment and said plot was resumed by HSVP and can be resumed by paying amount of 33 lacs by 1st party to Authority to get deed on his name
This i was aware and 1st party asked me 4 months time and it was clearly mentioned in agreement that in 4 months, he will get paper clear on his name and after that he will transfer to my name
After 4 months, he asked me to pay 33 lacs to him or he will make challan and i directly pay to HSVP, which i refused that 1st you get deed on your name by self paying 33 lacs and once he gets paper cleared, i will apply for home loan and will pay 80% amount by DD from home loan
he refused the same and said you take your money back and in addition he will give me 4 lacs amount as profit and will cancel the agreement, i have no choice, we made this is written and he issued me 6 + 6 lacs cheque and mentioend 4 lac as cash will be given to me after payment of 12 lacs comes to me, this was done in aug 24, fortunately he cleared 6 lacs cheque, and another 6 lac cheque bounced
upon asking him, he requested that he will get cleared in 1 week
from aug 24, in oct 24 he transferred 3 lacs, in dec 24 again he transferred 2 lacs
so out of 12 lac, i got 11 lac back,
after huge fight in feb 2025 he gave me 1 lac cash, and gave him receipt that still he need to pay me 4 lac ( 1 lac white and 3 lac cash) after that only agreeement will be cancelled
Till date he has not given money
also he has done agreement with some other party for sales, and now he has made 33 lacs payment to Authority, and deed has been done on 1st party who was supoosed to sell me
i have all agreeement copies and i have given a written complaint in HSVP, that the said property he has done agreement with me , and NOC and transfer permission and resale to be hold as he has doen agreeement with me
whenever i am calling him, he is telling that he will soon return the money and i need to take my complaint back as without my NOC letter, he will not be able to sell
In 1 year time, property rate has doubled, i have done agreement in 60 lacs and now property value is 1.2 cr
Shall i take my 4 lacs back or do i have the powers to file a legal case against him to get the property on my name, or can i demand extra benefit as from feb 2024 till april 2025, he has not executed complete agreement
All original agreement, cheque, cheque bounce letter from bank, and post cancellation to return 12 ac and 4 lac, every paper is with me and where his sign is also there
Please suggest
Rohit gulati
18 April 2025 at 15:52
Sir, we live in a building of four floors and i am the owner of third floor.
Ground floor owner was using a watertank which was common with first floor. Second floor has two tanks and I (third floor) has one tank.
Ground floor owner has installed a new water tank without my permission, intimation or consent.
Now the situation is that ground floor has seperate tank, first floor is using shared water tank exclusively now and second floor like earlier is using two tank and that takes the strength of water tank to 5 for four floors. apart from this, continuous overflow of water owing to broken condition of second floor water tank causing nuisance
Now on a roof, there are five water tanks including my water tank. please guide what action i should take against ground floor to remove the water tank and stop nuisance
Niranjan Chaitanya
15 April 2025 at 17:11
Hi Experts,
I bought a flat in phase 2 of construction. Builder has taken 2 years maintenance in advance and handed over building to existing society.
Now society has calculated some maintenance charges and adjusted amount with paid to builder which comes to 1.25 years of maintenance.
Now society is saying your advance funds paid to builder are consumed because of high maintenance changes. Now you need to start paying maintenance from coming month even though two years are not finished.
Can society ask for such funds? Society is saying they did the same thing in their case.
Can someone guide me when I have paid two years advance to builder and mentioned in agreement to sale
can society over ride this and ask for maintainance charges?
Anonymous
12 April 2025 at 16:25
Miss X, an unmarried woman, without any children, executed a WILL relating to her property (Apartment) in favour of her niece Mrs Y and this has been duly Registered in one of the Registrar Office in Tamilnadu. The property is in Tamilnadu.
Miss X died recently. Mrs.Y wants to sell the property which had been willed to her (and Registered also). Whether she has to get it endorsed/ ratified by a Court of Law before selling the property?.
Dwelsten
10 April 2025 at 23:00
We have old 7/12 papers showing name of my Granny as per Kul Kayda law, but from 2019 Maharashtra Shashan name is reflecting on the 7/12.
How do we claim this land?
Please share a details process and step by step guide to get the land back.
dr ashok rohatgi
09 April 2025 at 17:57
My bare villa site has no OC I am constriting but some neighbour are living there.they are objecting if workers works after 6pm to 9 pm
Nikhil chaudhary
05 April 2025 at 05:27
Hello dear lawyers,
In 1990, A registered partnership firm was formed named M/S Radhe Shyam Traders with four partners, A, B, C, D
In 1991, A HUDA Plot was purchased in the name of M/S Radhe Shyam.
In 1997, A, C, and D (3 out of 4 partners) retired from M/S Radhe Shyam by signing a dissolution deed and transferred all the assets and liabilities to B.
For 6 months, B was the only partner in the partnership firm.
In 1998, B signed a new partnership deed with new partners X and Y with the same name and address (B, X, Y).
B did not explicitly pool the assets of the old firm in the new firm.
In 1999, B retired from the M/S Radhe Shyam partnership firm. The constitution of the firm was changed, leaving X and Y as the remaining partners. The constitution of the firm was changed without taking any permission from HUDA.
From 1999 to 2007, no letter was sent by X and Y to HUDA to update the records of the HUDA.
In 2008, X AND Y (New partners) sent a letter to HUDA for a name change. HUDA REFUSED IT.
In 2009, X and Y filed a suit for a declaration of their rights in the HUDA property and an injunction against B (the previous partner).
I just have 2 questions:
1. When 3 out of 4 partners retire in a partnership firm by signing a dissolution deed, leaving one partner, the old partnership firm ceases to exist?
2. New Partners did not send any request to update the records of the HUDA for 7 years and sent their first letter in
2008 and filed suit for declaration and injunction against HUDA in 2009. Is this case under limitation? because I have researched that the case should have been filed after 3 years of changing the constitution of the firm.
Thank you so much for your answers.
I really appreciate your hard work.
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