Bayana contract
Pawan Kumar
(Querist) 02 September 2013
This query is : Resolved
Dear All, a bayana contract for sale of immovable property was made about twenty years ago, in which date of registration of property was not given, but actually possession of property was given of good faith. and buyer is living at that property since that time, now seller want to sale this property to third party as original registration papers are with him. what remedies are available to buyer.
ajay sethi
(Expert) 02 September 2013
seems to be a hypothetical query . too good to be true . why would seller handover possession to buyer if full payment not made ? why would he keep quiet for 20 years?
Pawan Kumar
(Querist) 02 September 2013
Dear Ajay Ji, In this case full payment was made and then only possession was given. Now rate of that property was increased very much. So seller want to take benefit of original documents.
Guest
(Expert) 02 September 2013
Any bayana contract is destined to expire on a prefixed date mentioned in the bayana contract itself. You are talking about a contract of 20 years back, which can never be valid till today.
The question arises, why you had been sleeping over the issue for all the 20 years?
Better give correct picture about the issue, if you want correct advice. Any misleading advice on the basis of misleading information can be harmful to your own interest.
ajay sethi
(Expert) 02 September 2013
if buyer has made full payment he ought to have collected original papers . story seems to be too good to be true
Raj Kumar Makkad
(Expert) 02 September 2013
If there is no limitation for the registration of the sale-deed then issue a notice to the seller and fix the date for the registration of sale-deed and remain present on that particular day in the office of registrar with the charges meant for registration etc. and thereafter file a suit for specific performance and also seek stay order in the same suit.
Engage a local lawyer and take action as per his advice. The question raised by both the experts qua the lethargic attitude is a vital question to be replied.
Pawan Kumar
(Querist) 02 September 2013
Dear Sir, registration of property was not done at that time due to registration cost and good relations between parties, also buyer is illiterate and belonging to BPL family but now rate of property have increased, so due to greed seller's mind have changed, and trying to sale the property to someone else on basis of original documents laying with him. Also seller is threatening to use muscle power.
Guest
(Expert) 03 September 2013
Being a complicated case, documents with you need be examined and analysed before some apprioriate opinion is formed. So, better contact some local expert and show your papers to him for appropriate advice.
