Agreement...illegally sold property.
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
In yr 2008 I purchased land area 2000sqmt, but then lately I came to know that out of 2000sqmt, 550 sqmt of land is the porperty which doesn't belong to the seller i.e he has illegally sold property of an area 550 sqmt. we have informed the seller and he agreed to pay the amount but through installment for 2 years.
Can you pls guide me .
1. I would like to know if legally, agreement is valid in this case
2. what are the payment terms and clauses i shd put in the agreement. pls reply its urgent
M.Sheik Mohammed Ali
(Expert) 24 December 2011
if ready to cancel the current agreement and re-register with new sqft make the new sale deed and register, all the expenses get from sellor and additional agreement or pdc cheque get for due payment. thats enough
V R SHROFF
(Expert) 24 December 2011
You can go for Criminal proceedings u/s 420 also , if you so wish.
Get Possession of whatever was already sold,and belonged to him.
If possible, Ger Possession of balance also, and notify ori landlord , getting STAY.
Both fight against Seller of 2000 sm, & He will come to your terms.
Shonee Kapoor
(Expert) 24 December 2011
Agreed with both experts, choose what suits you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 25 December 2011
The suggestions seems beyond the query.
You can enter into the agreement for his paying back the excess consideration realized from you for land area did not belong to him,I do not see any illegality in that either it be a one time return or in installments over a two year's time span.Payment clauses may be dependent upon his offer and your acceptance found suitable between you two.You may prefer to take cheques duly noted in the agreement for advanced dates and putting a suitable agreed default clause with an option that if he chooses to pay installments in cash of any cheque so issued to you shall be destroyed as cancelled by his signature on that cheque.
Your previous sale deed even executed for a larger area shall be deemed always valid to the extent he had his ownership.
I do not see any need to slap criminal cases on him or to go for any fresh sale deed to bear unwarranted cost and self harassment by own wrong decision.
Guest
(Expert) 25 December 2011
Since you are concerned with your excess paid money only, you should restrict to get agreement signed for return of excess money paid by you having due mention of the reason for that as the payment made for 2000 sq. mts. instead of 1450 sq. mts. of land. Also get post dated cheques for installments agreed between you.
That may help secure your position, even if you decide to file a case later against the fellow on his failure to fulfill his commitment.
Querist :
Anonymous
(Querist) 03 January 2012
Sir,
Thanks for replying in my hour of need.
I have sent him a draft copy of agreement stating that I would like to have a post dated cheque for 2yrs as stated by experts
As for now I would not like to slam him with any criminal cases as this will take a long time to get cleared as, I have taken land for business purpose and I cant afford to waste time and money.
If he agrees, then I will go for rectification deed after signing agreement.
awaiting for his reply.
Thanks once again to experts
