Purchase of a land
kiran 11111
(Querist) 19 December 2010
This query is : Resolved
My friend is intending to purchase a piece of land in rural Maharashtra.During preliminary negotiation , vendor told that he had decided to sale land to one purchaser at certain rate.He had accepted Rs 2, 00.000/- from said purchaser as a token in cash. However due to inability of purchaser to garner total amount , deal could not be finalised.
My question is that does earlier purchaser has any claim on land by way of suit?
What formalities should i complete to avoid further litigation?
Any case law similar to the fact stated above?
Y V Vishweshwar Rao
(Expert) 19 December 2010
Issue a Notice to the previous purchaser and put him on Notice that your are proposing to purchase the land - wait for his reply and claims - if he wants return of his earnest money - with the permission / consent of Vendor pay the same to the First purchaser -and pay the balance amount to the Vendor and get a declaration from the first purchaser that his claim is fully satisfied -
In case the first purchaser ,a s per his sale terms with vendors - claims specific performance of the sale in his favour - there will be litigation . Issue paper publication and also a personal Notice to the First purchaser. If there is no claim except return of Advance sale consideration - you may proceed with !
