Property sale without consent of the owner
Monika Bhardwaj
(Querist) 14 November 2012
This query is : Resolved
A grandson inherited property from his grandfather during minority and when he attained majority, his uncle who was co-owner, sold out the property in its entirety without his consent. After that 4-5 sale transactions has taken place. Now the property is undergoing another sale transaction wherein purchaser had given around 9 lakh as token money and applied house loan wherein the descrepency has been highlighted and the loan is put on hold. Can anyone tell what will be the position if the purchaser purchases the property; will the grandson be able to claim the property (house) and what if he abondons the transaction - will he be able to get the refund, I understand the refund through court will be a lengthy process though the proposed purchasers case might be strong. What should be done idealy in this transaction?
An early response will be highly appreciated.
ajay sethi
(Expert) 14 November 2012
since bank has refused to sanction loan on account of defective title purchaser should forward bank letter to seller and demand his refund . generally agreement entered into between parties contains a clause that iif title is defective seller is required to refund the earnest money .
Monika Bhardwaj
(Querist) 15 November 2012
What if the seller refuses to refund?
ajay sethi
(Expert) 15 November 2012
then you have to file suit for recovery of your money with interest .
consult a local lawyer
