Sale of property
Adv Vikramsinh Mohite
(Querist) 10 April 2013
This query is : Resolved
Hon,ble Experts,
In our adjoining building, the builder has sold flat to one lady by making agreement to sale on Rs.100 stamp paper and has given the possession of the flat. He is saying he will register the sale deed when the full payment is received.
What is the protection available to the lady in case the builder does not keep his promise and asks lady to leave the flat.
Kindly advise.
Adv k . mahesh
(Expert) 10 April 2013
thus he mentioned that she paid some amount and remaining amount will be paid after wards then she can challenge before the court
Adv k . mahesh
(Expert) 10 April 2013
if another party with bigger amount want to buy then he will sell that flat by returning the amount to the lady then first pay the amount and register on her name
prabhakar singh
(Expert) 10 April 2013
If hand over of possession is recorded in the agreement to sale then lady's possession
would be protected by courts under section 53 A of the Transfer of Property Act.
prabhakar singh
(Expert) 10 April 2013
53A. Part performance.—
1[53A. Part performance.—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty,
and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract,
then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]
Adv Vikramsinh Mohite
(Querist) 10 April 2013
Thanks Experts,
However, the agreement mentioned above is not registered. Can the contract still be enforced?
prabhakar singh
(Expert) 10 April 2013
In Maharashtra unregistered agreement to sale are allowed is gathered by me from discussions here often take place.You may get double sure about that.
In U.P. every agreement relating to land except a lease below year requires registration.
Raj Kumar Makkad
(Expert) 10 April 2013
If the agreement to sale is duly registered and possession is already with the buyer then she is required to make full payment of consideration under receipt of the builder and should get the sale deed executed and registered as per terms of the agreement.
B K Raghavendra Rao
(Expert) 11 April 2013
Specific Performance case can be filed or money recovery suit may be filed if the builder asks the lady to vacate the premises without refunding the advance consideration amount. However, since the lady is in legal occupancy of the premises, the builder cannot evict her without following due process of law.
