hi

Querist : Anonymous (Querist) 11 March 2011 This query is : Resolved
i sold a property to a person x by virtue of a 'sale agreement' and 'unregistered sale deed',does this complete mysale?.now iam selling another property of mine and the person x says he wants a share on the sale or will obtain a stay order since he cudnt obtain patta which he agreed to obtain himself.is this possible?

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adv. rajeev ( rajoo ) (Expert) 11 March 2011
Mere executing a agreement of sale is not a sale. You will have to execute the regd., sale deed in favour of the purchaser. X will definately file a suit for specific performance of contract against you and he can obtain injunction order against you.

Kiran Kumar (Expert) 11 March 2011
firstly the sale is not complete for want of registration of sale deed.

now the question is if you are selling another property then why x is demanding share in the proceeds from the sale of another property?

for first property x has a right to approach civil court for necessary purpose, however the dates of events will be much relevant in this case.

Mamta (Expert) 11 March 2011
I agree with experts. In the present case. sale is not complete. Mere executing agreement to sale and unregistered property does not confer any right. However, the buyer has a right to get registered the said property by way of suit for specific performance. So for as his rights in other property, he has no right.

Guest (Expert) 11 March 2011
the sale is not complete at the stage. if you are selling another property different from the sale deed no injunction orders be passed against you. if you are selling the same property than injunction granted against you. and also if you are selling the part of the property of sale deed than also injunction granted against you and if you have sold a specific part in the sale deed and now selling the another specific part of the same property than also injunction not granted against you.

Querist : Anonymous (Querist) 11 March 2011
Thank you very much for the response.I really appreciate that.Iam willing to execute the sale deed registration but x says he has no money for registration charges and since he has goofed up big time in patta proceedings and possesion issues,he is trying to intimidate.what are my legal obligation towards him?am i supposed to return his money?

Dear Rajiv,

can i file a suit for 'specific performance' to get the sale deed registered against him,the agreement to sell is more than 3 years old and so is the unreg.sale deed.

Thx.

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