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akshay   31 January 2020

Ostensible sale tpa 41

A person is proposing to sell to me agricultural land he owns and tills. pahani records show him as possessor but none show him as pattedar and whereabouts of pattedars are unknown. Seller only has unregistered sale deeds in his favor and uncontested possession to show his ownership of the land.

He is asking for an advance of 25% of sale price for which he is willing to provide part of his house, registered and municipally assessed on his name but original title mortgaged for small amount at another person, and pay the remaining after he rectifies the pahani records within 6 months to reflect him as the pattedar. If he is unable to fix the records then he promises to return the advance with interest or if he is unable to do so then forfeit the security.


From a high level, how can I legally formalise the above agreements? Also can TPA section 41 come to my or sellers aid in this case?


rgds



Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     31 January 2020

Dear querist,

I will advice you to avoid the deal as it may lead to future complications. At present seller does not have title.

Regards

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