Buying a property
Sudeshna Basu
(Querist) 13 January 2012
This query is : Resolved
We have found an old house in Gobindapur owned by an old gentleman who lives with his wife. He wants us to pay 80% of the money as advance so that he can buy a flat, then he will stay on for 2 months and then register the sale deed after getting the balance 20%. Is it acceptable? What if he stays on after taking the advance from us?
Raj Kumar Makkad
(Expert) 13 January 2012
The terms of the sale seems very harsh in nature. generally 25% amount is given in advance but law has now changed.
You can get the agreement to sale registered and can provide him the demanded share. there is no likelihood of his resile in view of latest case law. You can get entered all such events as told by him in the agreement so that it may easily proved by you in case any difficulty in the execution of the agreement arises at any later stage.
M/s. Y-not legal services
(Expert) 14 January 2012
whatever may be., 99% also no wrong as advance., just you state every thing in your sale agreement., you are safe side only.,
-tom-
Sudeshna Basu
(Querist) 17 January 2012
We now find that there is another hitch. The deed the current owner Mr. S K Biswas has given us, states that the deed of sale was registered between the then owner Mr. Gupta (vendor) & the State Bank of India Senior Supervising Staff Co-operative Housing Society Ltd (purchaser). The current owner is mentioned as the Confirming Party. He has no other evidence. Does he have the right to sell under these circumstances?
Regards,
S Basu
Sudeshna Basu
(Querist) 08 April 2012
The owner had bought a 1.5 cottah land in 1978 with loan and had built a house. Now he wants to sell it but his son will not sign as witness. Can the son file a suit later that this sale is invalid and/or create nuisance?
