Purchase of plot
KISHORE
(Querist) 20 November 2014
This query is : Resolved
Dear Sir, I would like to purchase a open plot whose owner is died on 18-11-1998. The deceased plot owner is survived by his mother, wife, two married daughters and one married son and the deceased plot owner’s father is expired. On 16-06-2012, the said plot was registered by way of Gift Settlement Deed in favour of said deceased plot owner’s two married daughters by his wife and one married son by producing the death certificate of the deceased plot owner (his mother is not involved in the registration and as I already said father is expired). The two married daughters and one married son are having minor children now (all are about having below 8 years old). The deceased plot owner’s mother is living separately and is not having good relations with the deceased plot owner’s other family members i.e. his wife, daughters and son. Can I purchase the said plot. Are there any legal problems in future from the deceased plot owner’s mother or from her grand children or from any other angle? If the deceased plot owner’s mother also signs at the time of registration to me as witness is it ok. Please advise.
When I put the above query in Lawyers Club India, I was informed that the deceased plot owner’s mother is also having share in the said property. But by the time I have seen the reply in Lawyers forum, I paid Rs.15000/- in cash to the deceased plot owner’s two daughters (who are presently the owners of the plot) and got an agreement paper signed by them. In the agreement it was written that they will receive Rs.1,56,875/- on 19/10/2014 and remaining balance on 5,15,625/- on 27/11/2014 and got the registration done in favour of me on 27/11/2014. But as I said after payment of Rs.15000/- I came to know through Lawyers Club India that they are not absolute owners of the plot, so, I requested them to get the signature of their father’s mother also at the time of registration. But they have not agreed for that Then I have not paid the amount of Rs.156,875/- on 19/10/2014 and alo requested them to refund already paid amount of Rs.15000/- then I will return the agreement paper signed by them. Number of times I called them over phone and also asked in person to do it. They are saying that they will refund my money and take the agreement paper back, but they are not telling the date on which they will refund my money and take paper back. Now the date of registration which is on 27/11/2014 is near. Now what I have to do ? Either I should issue a notice to them before 27/11/2014. I am ready to loose my Rs.15000/- but if they issue a notice after 27/11/2014 that I have not paid the balance amount and got registration done can I tell them since they are not having full ownership over the plot that’s why I have not paid the balance amount and got registration done. Waiting for their notice is also legally binding me ? Or As per law I should issue a notice to them before date of registration ? But if I keep quite till their notice is there any problem. Please advise.
ajay sethi
(Expert) 20 November 2014
1) you should not purchase the plot . title is not clear and marketable .
2) send them letter in writing that you are unable to pay the balance amount as title is not clear and marketable and request them to refund advance payment of Rs 15,000 paid .
KISHORE
(Querist) 20 November 2014
1) Is sending a letter in writing from my side is mandatory even if i am ready to loose the advance amount paid by me.
2) If sending the letter is mandatory to them, then is there any time bound i.e. Should I have to send the letter before date of registration written in the agreement.
3)Or is there any problem if I reply if they write any letter to me to pay balance amount and get registration done.
Because I do not want prolong the issue.
kindly reply
KISHORE
(Querist) 20 November 2014
Sir, anybody can please reply.
Devajyoti Barman
(Expert) 21 November 2014
1. No but better do that.
2.Yes before date of registration.
3.They can not force.
KISHORE
(Querist) 21 November 2014
Thank you Barman ji. any other suggestions please.
ajay sethi
(Expert) 21 November 2014
we have advised you at length . it is your call now
KISHORE
(Querist) 22 November 2014
Sir, Can anyone please guide me how to draft the letter from my side. Initially, I want to send the letter myself only. If they are not going to respond then I want to go through the Advocate.
