Sale deed
sivakumar
(Querist) 26 September 2012
This query is : Resolved
Hi,
i brought one independent house in Bangalore . The Flow of the Document is like this
In 2006 - Ravi (Layout owner) -> priya (buyer 1) – site no 22 &survey no 96. {this transaction happen before DC conversion year of )
In 2011 - Viki (buyer 2) made a Sale agreement with Priya (buyer 1). Buyer 2 paid full money to Buyer 1.
{Sale deed not excexuted between Priya(buyer1) to Viki(Buyer2).
Mean time the total layout (120 Sites) got DC conversion certificate, name of Ravi.
That time they find , survey no mentioned in the sale of Ravi -> Priya is wrong . The actual Survey no is 98/1 & 98/2.
So once again( 2011) Ravi done sale deed to Viki (buyer2 ) . at the time of sale deed Priya (buyer 1) sighed as witness. They taken Priya Photo , and finger print in Sale deed. Priya address also mentioned in Sale deed. Site no 22, survey no 98/1 &98/2
After 1 year time Viki (buyer ) Started the construction at site no 22. From viki (buyer 2) I brought the house . Site no 22, survey no 98/1 &98/2
Now my quires is
1) Still Ravi(land owner ) to Priya(buyer1) Sale deed is valid or not ?
2) If that is valid means ,what I need to do ?
Thanks in Advance
Devajyoti Barman
(Expert) 26 September 2012
The deed is perfected by making the subsequent deed where Priya was made witnes.
You need not worry about anything now.
sivakumar
(Querist) 26 September 2012
Hi,
i brought one independent house in Bangalore . The Flow of the Document is like this
In 2006 - Ravi (Layout owner) -> priya (buyer 1) – site no 22 &survey no 96. {this transaction happen before DC conversion year of )
In 2011 - Viki (buyer 2) made a Sale agreement with Priya (buyer 1). Buyer 2 paid full money to Buyer 1.
{Sale deed not excexuted between Priya(buyer1) to Viki(Buyer2).
Mean time the total layout (120 Sites) got DC conversion certificate, name of Ravi.
That time they find , survey no mentioned in the sale of Ravi -> Priya is wrong . The actual Survey no is 98/1 & 98/2.
So once again( 2011) Ravi done sale deed to Viki (buyer2 ) . at the time of sale deed Priya (buyer 1) sighed as witness. They taken Priya Photo , and finger print in Sale deed. Priya address also mentioned in Sale deed. Site no 22, survey no 98/1 &98/2
After 1 year time Viki (buyer ) Started the construction at site no 22. From viki (buyer 2) I brought the house . Site no 22, survey no 98/1 &98/2
Now my quires is
1) Still Ravi(land owner ) to Priya(buyer1) Sale deed is valid or not ?
2) If that is valid means ,what I need to do ?
Thanks in Advance
ajay sethi
(Expert) 26 September 2012
in the sale deed made by ravi to priya the survey no of property has been wrongly mentioned . the actual survey no was 98/1 and 98/2 .
sale certificate is a document of title and the construction ot a document of title has always been held to be a question of law.it is misdescription of property . wherein survey no wrongly mentioned still sale deed would be valid .
extrinic evidence is admissibleunder section 95 and 97 of evidence act to explain the misdescription
sivakumar
(Querist) 26 September 2012
Thanks Ajay
so what i need to do ? i need to execute new sale deed with Priya . or Prakash and Priya slae deed to be cancellaed . which is safe ?
sivakumar
(Querist) 26 September 2012
Thanks Ajay
so what i need to do ? i need to execute new sale deed with Priya . or Prakash and Priya slae deed to be cancellaed . which is safe ?
ajay sethi
(Expert) 27 September 2012
contact a local lawyer . let him got hrough detailed papers . without going through the ppaers wont be prudent to advise
M V Gupta
(Expert) 27 September 2012
Yes. Consult a local lawyer and show him all the documents. As Ravi the original owner did not sign and register the sale deed in favor of Priya, she should have been made a confirming party in the sale deed executed by Ravi in favor of Viki, ur vendor. Further in this sale deed the discrepancy in the survey numbers also should have been mentioned. In the absence of this it would not be possible for u to get the property card mutated in ur favor. Perhaps some rectification deed may have to be executed and registered to set the records straight.
