Property registration
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
Sir, I have purhcased a mig flat leasehold in rohini, i entered into the agreement with lady, and i have given her (bayana) and made sale agreement for 3 month, and asked her to get it freehold from DDA, then after i will take the flat. After two and half month, the flat doesn't get freehold and lady died. She has already made up a will against that property in the name of her granddaughter, whose age is 35. That lady has 1 son and 1 daughter, son is living in delhi and daughter is living in canada. and her grandauther in gurgaon. The problem now is, that his son is saying to cancel the deed, because his sister can't come from canada, and the time period of the agreement will end within one or two day. Now please tell me what is the option to make that deed successful.
Devajyoti Barman
(Expert) 11 December 2011
Since the property is not made free hold as yet , you may loose interest in it. In that circusmtances you can take your money back.
However , if you are still inetrested to get the property then insist on execution of sale deed. The brother on the basis od POA can sign on behalf of his sister.
Now if they refuse to execute and register the sale deed then after sending them a legal notice expressing your readiness and willingness to buy the property file suit for specific performance of contract.
Raj Kumar Makkad
(Expert) 11 December 2011
As the will of deceased seller is already in the name of her grand daughter which is residing in Gurgaon so there is no need to call the son or the daughter residing in Canada. You should serve a legal notice to the grand daughter (beneficiary) and should demand from her to get the registration of sale-deed (which practically cannot be made in the given case of non issuance of Free-hold status by NDMC) and after expiry of period of notice, file a civil suit for specific performance against her on the basis of will.
Cost in Rohini has increased manifold so it is not good to get the bayana cancelled without any compensation.
Querist :
Anonymous
(Querist) 15 December 2011
Sir,
I have met his son and he is saying that either cancel the deed or pay me the amount in full, half cash and half as stamp duty charges by cheque or draft. His sister has came from canada and made relinquisment deed in his name, after getting the mutation and freehold (that will take at least two month) he will register the property in my name. Now he is saying that he is going to europe tour for 1 1/2 month on Dec 20, before this you pay all the money to me and i will give you file and possession of the flat, between that mutation and freehold of the flat will happen in my name, and after coming i will regsiter the property in your name. Now the problem is this that why should i pay all the amount to him, if i pay him all the money and he don't get it register against my name then? Property rates has been jumped to 10-15 lac in these 2-3 month. Kindly suggest me what to do?
