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syed_mujahid (Manager)     30 January 2013

Risk factor in this property purchase

First Owner "A" was alloted the plot by means of Hakku Patra, "A" gave unregistered GPA to "B".  Then "B" entered in to an unregistered sale agreement with "C", where in "C" has paid the full consideration.    Now "C", saying that he is a GPA representator of "A" has sold it to "D" by a REGISTERED SALE DEED.   Iam planning to purchase it from "D".        Can some expert please guide me of the consequences of this transaction. I can see that there is no GPA between "A" and "C".                                -Thanks in advance.



Learning

 3 Replies

Advocate Vishnu (Advocate)     30 January 2013

This a very risky transaction and you must be prepared to take this risk on yourself. As per your query, A still holds ownership title of this land.

Bharatkumar (ADVOCATE )     30 January 2013

If "A" give GPA to "C" and then "C" sold this property "D" at that time u see/check GPA and then Registrastion a SALE Deed in your favour or if "A:" ready to sign in sale deed u direct registraion sale deed in your favour.

At the time of Sale Deed all original documents lime between "A" TO "B", "B" TO "C", "A" TO "C" AND "C" TO "D" u collect all original documents from all parties and then take a TITLE CERTIFICATE OF THIS PROPERTY.

Jyothikaa (NA)     01 February 2013

I entered an Agreement to Sell as a buyer. I paid earnest amount to Seller via Cheque. The balance amount was to be paid within a specific date and in between the Seller has backed out stating that he will not sell the property. As performance he is willing to pay me damages + earnest amount as mentioned in the agreement.

However the Seller is postponing the payment every week indefinately towards end of the agreement period.

I have found that the Seller has forged his witness signature and written the witness address in the agreement himself. (after I made payment via cheque, Buyer Signed, Buyer’s Witness Signed, Seller Signed and then the seller went out to get his witness signature from his neighbour.

It is now found that he forged the witness signature himself. Seller’s mentioned witness has confirmed that he has not signed any agreement.

How can I as a buyer sue him ? What punishment will the Seller get If I file a criminal case ?


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