Legal validity /weightage of notarised document
AJIT KAWATKAR
(Querist) 21 March 2012
This query is : Resolved
we own a appartment joitly[sister -brother] aurangabad in maharashtra.
my 84 yrs sister was staying there alone till 2008.from the onwards ,because of health & old age related problems she staying in mumbai with me.
in her absence xyz has tresspassed there.it seems very deficult to remove her.
Therefore recently we decided to sale it to a intending buyer [desress sale].we have told him the true story.
we published PUBLIC NOTICE to which nobody has submitted objection/s. The advocate has given CLEAR TITLE REPORT.
Draft agreement was prepared .The puchaser's advocate do not want to mention that "purchaser is awere about the possession of ppty by tresspasser"directly into the agrmnt. so we have wrtten marathi word-"ITAR ADSAR"{OTHER OBSTACLES]
Further in other clause he has mentioned " if anybody comes out with any objection it will be seller's responsibility to get it settelled " for this we conveyed our "NO" & suggested to correct it as " it will be the responsibility of the Puchaser"
to which he is ready to give NOTARISED AFFIDAVIT "
my Q.is the legal status/weightage in case of future aforeseen problems if at all they arise .
we are mentioning "POSSESSION GIVEN/TAKEN in PRESENCE of WITNESS.
Kind enough to give legal opinion/guidance.
ajay sethi
(Expert) 21 March 2012
you have to clearly mention in the agreement that purchaser is aware about posession of property by trespasser or that ptoperty is being sold on as is where is basis .
tomorrow purchaser may file case against you that you did not disclose that property is not in your posession .
if you are making a distress sale protect your interests and mentoion it in agreement
SAINATH DEVALLA
(Expert) 21 March 2012
Dear Ajitji,
As you are the rightful owner along with your sister of the said property,both of you can sell it to anybody,irrespective of the tresspassed occupants.Always mention the word occupants in your documents.What were you doing when somebody were staying in your property,was it with your consent or not?As the intended purchaser is aware of the occupants,why should you use the words 'OTHER OBSTACLES".Legally it means a lot.Anway without any complications get them vacated.If feel those xyz"s are your relatives.
