Legal validity of e-mails
AJIT KAWATKAR
(Querist) 20 January 2013
This query is : Resolved
This is in Maharashtra.
my apartment ownership ppty. is occupied by troublesome trespasser for almost 4yrs now. since our inability to get the trespasser out we decided to sale it on "As is where & as it is basis. we told every fact to the purchaser. he forwarded a Draft which did not include "AS is where &as it is basis" With many amendments/corrections exchanged via E-mails; the Purchaser finally agreed to include"As is where-----"with special emphasis on POSSESSION" clause.
Infact before execution we read out the approved E-mail draft which included " THE PURCHASER IS GIVEN "SYMBOLIC POSSESSION" which he ACCEPTS AS VERTUAL POSSESSION "
The purchaser was requested several time to give a copy of Registered Sale deed;but not responding.
when we ultimately got the copy from Registrar's office we were surprised to see that POSSESSION CLAUSE was changed as "THE SELLER & PURCHASER WENT INTO THE PPTY ACTUAL MEASUREMENTS WERE TAKEN & POSSESSION of thePPTY is RECEIVED & PURCHASER HAVE NO COMPLAINT WHAT SO EVER "
Sir Pl. read & Analise this since the PPTY IS OCCUPIED by a TRSSPASSER "pl advise whether Amendments made/ approved via E-mails my come in handy in case of any trouble ahead.
Raj Kumar Makkad
(Expert) 20 January 2013
Ajit! Have you received the entire sale consideration or not?
If yes then why are you adamant to declare your property as disputed if the purchaser is ready to accept the property even knowing that it is not under your possession and even then he is giving receipt to you that he has taken over the possession thereto?
It should be the problem of buyer and not of you as you have no relation with the property and have received the entire property and had even handed over to the buyer its vacant possession after providing measurement.
