Protection to the buyer
Vara Prasad
(Querist) 03 April 2012
This query is : Resolved
The owner who had constructed four flats on land taken on 99 years lease from Kolkata improvement trust gifted one flat to her son by gift deed. Gift deed registered by son but the same was not mutated.
The son has sold the flat to me three years back showing the registered gift deed indicating him as owner and neither registered the deed of sale nor mutated. As the value has appreciated, the line being taken is as the flat is not mutated, he is not authorised to sell. hence, seeks handing over the flat on returning the consideration amount.
My query is what is the protection i have in law to save the property? can I sue him for breach of contract/ falsifying facts and seek compensation amounting to the present market value plus damages on account of loss?
Raj Kumar Makkad
(Expert) 03 April 2012
You have every right to retain the property. Mutation is merely a formality. The basic thing is registered sale-deed which he got executed in your favour about 3 years ago. He has got no right, title or interest to take the aforesaid property back from you by offering the sale price and so on. You seek injunction against him from the proper court of law. File a suit for declaration and injunction.
Vara Prasad
(Querist) 03 April 2012
Sir, thanks for the prompt reply. The matter as brought out is that after having received full consideration on the sale agreement and agreeing to handing over posession and doing so, he has not done signed either sale deed/ deed of conveyance.
Since, he doesnot have the flat in his name in records he claims that he cannot legally sell it and hence talks of returning the same on grounds of sasle being illegal and void.
ajay sethi
(Expert) 03 April 2012
if sale deed has not beeing signed how did you part with the consideration?
how could you have been so negligent?
you tried to save on legal; fees and you have landed your self in bigger mess .
you have been taken for a ride . contact local lawyer in kolkata
the only silver lining is you are in posession of property .
Vara Prasad
(Querist) 03 April 2012
Dear Sir,
Clarification to the above. The seller had signed the agreement in which he had acknowledged to have received the full consideration and committed in the same to execute deed of conveyance in the purchasers name as also he or his legal heirs will have no right on the property.
To put in the perspective the entire transaction had taken place on the legal documents incorporating all provisions as in a sale deed, but the lawyer who prepared the document after full consideration is paid had termed it as sale agreement instead of sale deed.The seller didnot cooperate for registering the same on the pretext of executing deed of conveyance directly.
The subsequent execution of deed of conveyance as required for mutation is where the seller is not cooperating for reasons as in first post.
Vara Prasad
(Querist) 03 April 2012
Sir,
continuing the above as asked in the first post,My query is what is the protection i have in law to save the property? can I sue him for breach of contract/ falsifying facts and seek compensation amounting to the present market value plus damages on account of loss?
what are the legal remedies available to me to force him to perform his legal obligations?
V R SHROFF
(Expert) 05 April 2012
File a CIVIL SUIT for declaration and injunction.
U MAT TRY BREACH OF TRUST & CHEATING, IF U PROVE, HE CONCEALED FACTS AND COLLECTED MONEY FROM YOU, THEREBY DAMAGED UR INTEREST.
