LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashapal   15 May 2023

Sale of agriculture land

Hi,

Q1: I had a agreement to sale contract with a person who owns land (HUF from his inheritance) for buying a 10 gunta agriculture land for 25 lakh in year 2020 and paid a 4 lakh as advance with an agreement of On receipt of relevant documentations for registration remaining amount to be paid. Later I understood,  11E sketch from the land department is required, hence we applied for the 11E map with the govt. department. frequently we are checking with the government offices, but its not surveyed and  not received any document. Kindly advice the way-out to safeguard the my money and dream land. 

 

 Q2:   As this is going on a friend suggesting to have a general power of attorney (GPA)  in your name, once you received the  relevant document you can register it. Please advice if its a solution.

 

Q3: Is my position is to risky situation. ?



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     15 May 2023

Since you have already entered into a sale agreement with the seller, you can ask him to provide the necessary documents in order to proceed with the execution of sale deed.

If he is not in a position to provide the requisited documents, you can ask him to cancel the agreement and return your money paid as advance.

If no frutiful result is forthcoming you can file a suit for specific performacnce of contract on the basis of the sale agreement and ask for the relief of execution of sale deed or to return the money with interest.

 

Ashapal   15 May 2023

Hi Sir, 

Thanks you for valuable response...is it possible to safegurad that propoerty by going with general power of attorny? as the documents is pending with government department (they are not confirming the timelines). or any other way to safegurad my money and dreamland.  

Note: Agreement is printed on Rs200 e-stamp paper and signed by both party with 1 witness. Agreement is not registred in sub-registrer office, hope it has a validity. 

P. Venu (Advocate)     15 May 2023

What is "11E sketch from the land department"? How is that it is essential?

 

Ashapal   15 May 2023

Hi Sir, 

11E Sketch is required in order to register an agricultural property in karnataka. Property is registered with the Sub Registrar’s office by a sale deed, partition deed, or gift deed. In each of these situations, we must submit an 11E drawing of the property to register.

Dr J C Vashista (Advocate)     16 May 2023

It is better to cancel the agreement and ask for refund of money paid by you.

otherwise 

File a suit for specific performance with consequential benefit(s).


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register