sale of property
karan s jounkani
(Querist) 20 November 2009
This query is : Resolved
Hi,
I have sold my property to a builder for rupees 41.40 lakhs under just a sale agreement on Rs 100 and took a due of 3 months which are going to end on 1st of jan now due to dispute in my family we are not willing to sell the property we have recived EARNEST MONEY rs 5 lakhs and we are ready to return it can i cancel this agreement its written in agreement that i cannot sell the said property to any onelse other than the builder .
I am also agree to go with deal if the builder provides me sum of ruppes 60 lakhs i want it to increse the sale amount can i do so
i still have papers and the orginal doc. of property like u no. chaltha no. plan copy . but i dont have SANATH of the property its also written on the plan that its proprty belongs to maharashtra shashan and possession is with us
i still live there
what should i do to cancel the agreement ? or to get the amount increased and the bulder is not ready to give
please answer
karan
law member
adv. rajeev ( rajoo )
(Expert) 20 November 2009
It seems that what u wanted to sell is the ancestral property. So let one of your family members i.e., ur sons or daughters to file a suit for partition against you and let them file a interrium application u/o 39 r 1 & 2 restraining you from alienating the suit property, after obtaining the order let it published in the news paper that court has granted an interrium order in suit NO:---so if anybody purchase/ any type of transaction in respect of the suit property No-- such trnsactions are not binding on our shares.
U said u have exeucted a agreement of sale. I think it is unregd.,If it is unregd., it has no value. the validity of the stamp paper is 3 years.
Dnt contact the builder regarding anything, keep quiet,certainly he issue a notice to your afer the period is over, then you reply that notice that suit for partition is filed by so and so and they have taken injuction order against me ....
it is the only way for you.
adv. rajeev ( rajoo )
(Expert) 20 November 2009
If want to increase the amount it is only way left to you. U cannot increase the sale amount because already there is an agreement between u and builder.
He can file a suit for specific performance to get execute the sale deed. on the basis of the agreemnt of sale.
if suit for partition will be filed then u can give the reason of the suit and builder may come for the compromise then u and either your sons or daughters discuss it and increase the sal amount.
G V S Jagannadha Rao
(Expert) 20 November 2009
Mr. Karan,
You should have consulted all the concerned before entering into an agreement. It is your duty to take into confidence all your family members, especially the stake holders. Having agreed to sell the property and entered into an agreement with token advance is it fair to rescind it? Further, yours is not a case of wanting to retain the property for some sentimental reason. You want to demand more consideration.
G V S Jagannadha Rao
(Expert) 20 November 2009
Food for Thought for the Experts: Should advocates encourage this kind of litigation. We are deeply concerned about fall in the standards of our profession, the clogging of courts. Don't you think these kind of cases contribute to this anamoly?
Raj Kumar Makkad
(Expert) 20 November 2009
I am 100% agree with GVS Jagannadha Rao on the aspect that we Advocates are for spreading the menace of dishonesty in the society. If you have agreed to sale at certain amount, execute it. There is no issue of any legal hurdle and you are openly saying that if some amount is offered, I shall get it executed in the same manner. Do you think that this forum has been established just for telling you the ways how to legalise your dishonesty? No this forum is meant for replying the legal questions for the needy honest persons.
Legal Eagle
(Expert) 20 November 2009
I think that is would be appropriate for the Buyer to decide whether he can buy the property at the increased rate. The rate should be as per the market value. If you are asking which is not worth the price then in that event, the decision is on the buyer how to proceed.
I agree that the seller should have informed the buyer that it is a joint / hereditary property. I also believe that the onus is also on the buyer to check the documents before giving any token.
Builders are more smart than us. It would be appropriate for the seller to give a written reason as to why he does not want to sell.
In case the buyer wants to cancel the said agreement, then in that event, the seller will have to refund the advance token amount, and if there is a clause for interest then pay the appropriate rate of interest.
Vineet
(Expert) 20 November 2009
I fully agree with Shri Rao and Shri Makkad.
The intent of seller is a clear cut dishonesty which should not be supported by learned experts.
Mr Karan, you have already committed mistake by not consulting your family members before entering into sale agreement. Now honour the commitment and go ahead with deal at agreed price.
Suhail suhail
(Expert) 21 November 2009
Hello! really felt so appreciative for the observations made by Senior Lawyer Mr.J.RAO,and Mr.RAj,the comments are based on moral obligations,and it is upon the conscious of a person how he looks at life.It is observed by me during past few years such litigation has assumed place in the course of law and justice delivery system,where taking advantage of technicalities the parties are complled to re-consider and bargain with greed to get more; unfortunately it is intruding badly in our societies,the monetary interests seems to have dominance in the most of noble professions.I am really much thankfull to my respected senior brothern for discouraging such practices,it calls upon whole of the faternity to prove the contributor in civic lives of people.There are tens of loose ends to pick for such bad compulsions.
But the query has been placed and legally looking at it I would like to make submission in general and not as answer to the query made by Mr.Karan.when any person or persons agree to sell their rights over property against agreed consideration sum and either full or part of agreed sale amount is acknowledged the seller is under obligation to make the title to get transferred by way of registration of receptive documents,but here the case smells a well planned act,but if one has no right or interest in the property that is absolute fraud.For example if will make an agreement with someone thereby selling a Motel where I stayed for sometime,what would it transpaier;1.The party who offers to sell is a cheat,dishonet and having a decietefull mind.2.If the person who agrees to purchase has himself to take care of the Proverb,â€BUYER BE AWAREâ€(Mushtari Houshiyaar Baash/(Persian))that is a seller can sell even dreams if he gets an ignorant person.Is it proper to represant a person who tried to grab altogather the rights of other co-owners,atleast I wont like be a part of such forum,besides when the ignorant buyer purchased the property should one seek a course to justify his wrong and fraud by doing another wrong to blackmail the ignorant buyer by abusing the course of law in doing justice.Then should the seller be complained and made to get prosecuted for his nefarious act,and it is a builder who has purchased the peoperty means he knew about the fact that property is joint and does not belong to one person,so he would definitely by using destructive and illegal means i.e.use of musle power to drag out the others or as simply to get the existing structure destroyed;very apt to consider that the land underneath the structure is not woned one,the parties have possesory rights and once possession is lost the right is lost,and it appears to be a conspiracy by the dishonet seller and builder.
This happens and unfortunately such persons having no moral character never care for the pain and sufferings of innocent persons.
