Re-sale of shop
abhi
(Querist) 30 November 2013
This query is : Resolved
one of my client sold his shop to his cousin in 2001.the buyer paid 50 % money by cash at the time of sale deed and promise to pay the remaining money after 1 year(however in sale deed they mention that full and final payment is received).later on the buyer not able to pay the money.the seller gave the property on rent since 2001 to another person(seller collect the rent still).the original registered sale deed is with seller (which registered in 2012)In municiple tax bill,electricity bill still seller's name.now my client want to sell the property to another person.please advise what he shold do.
BAALASUBRAMANNYAMM
(Expert) 30 November 2013
what the buyer is doing for all these days, since the date of purchase. The seller have no right to sell the property "again" to 3rd party.
abhi
(Querist) 30 November 2013
how can buyer sue on him as he has not even photo copy of sale deed
Rajendra K Goyal
(Expert) 30 November 2013
Either buyer should take the original sale deed from the seller or he should get a certified copy from the registrar office. Amicable solution is the better way the buyer should pay full proceeds.
abhi
(Querist) 30 November 2013
buyer now not intends to buy the property.what my client(seller)should do to sell the property
Advocate M.Bhadra
(Expert) 30 November 2013
Your client(Vendor) have no right to sell the property once again and can not able to collect remaining consideration,even he has no right to rent the property.In the event the Buyer after getting certified copy of deed can file a Suit for Declaration and Recovery of Possession against the tenant and well as party added to the Vendor.
ABDUL RAZIQUE
(Expert) 30 November 2013
As per your verdict if you suppress the fact then it is possible to sale the land not only once, again and again but this is not legal way.It is better for your client that request to purchaser that he execute the said shop in the name of your client and there after your client able to sell someone.
abhi
(Querist) 02 December 2013
can the sale deed put side apart? if my client (seller) want to cancel the original transaction and ready to return the money received by him is there any provision ?