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aashu (engineer)     25 December 2010

sale aggrement validity

I want to buy a under construction flat , but i came to know that  the flat had been booked by another guy and 6 months back sale agreement was also done  . Now due to loan application rejection the other guy is not buying the flat . Cancellation agreement is not done till date but the builder is ready to sale the flat to me . please advice should we go for such property will my sale aggrement be valid if i go for the flat



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 December 2010

Cancellation of sale agreement executed in the name of guy should be cancelled. Owner has to issue notice informing the cancellation of the agreement of sale to the guy.

bhagwat patil (Property due diligence 9422773303)     26 December 2010

Totally agree with Ad.Rajiv, in addition to the cancellation of sale agreement , mention all the facts in your purchase deed and attach cancellation deed and noc of first purchaser,or get his sign as witness.


(Guest)

yes better to buy the falt after cancellation of previous sale agreement 

N.K.Assumi (Advocate)     26 December 2010

Agreement to Sell- Land sold yo someone else- No offence of cheating: 2006 (3) Criminal Court cases 484 (P & H) You can purchase it.


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