Dear all,
Whole heartedly I would like to thank the members of this forum for guiding me with my previous legal cases, which really helped me in filing cases.
I have a new situation now and I seek your guidance as before. Scenario is listed hereunder in the chronological order:
- The developer sells/registers a flat to a ‘A’company in 2021
- ‘A’company registers an Agreement for Sale to a ‘B’ Person/s on 4-9-24 for an advance of 10 Lakhs.
- Value of sale agreed by both ‘A’ & ‘B’ was 1.60 Cr
- Balance of 1.5Cr was to be paid by ‘B’ to ‘A’ by 5-10-24 with Registration of Sale Deed, else, the Agreement for Sale stands terminate automatically.
- Both ‘A’ & ‘B’ agrees to honour the point.4 above, else advance of 10 Lakhs paid by ‘B’ shall be forfeited and ‘A’ is at the liberty to sell the flat any potential buyer in market.
- I as ‘C’ show interest to buy this flat from ‘A’ and upon enquiry I understand that there’s an existing Agreement for Sale with ‘B’.
- ‘B’ sends word through a third party cautioning me not to buy the flat else he will be court or expecting a settlement of 30 Lakhs to return/cancel the existing Agreement for Sale.
- In the meanwhile, ‘A’ being a gentleman have contacted ‘B’ to take back his 10Lakhs advance and has requested ‘B’ to return/cancel the existing Agreement for Sale.
- Now, I’ve been asked to pay 90% of the price of flat as advance to ‘A’ and get a Agreement for Sale registered. As E-Katha of the flat is pending with BBMP(Govt Authority) registration are put on hold till digitisation of records.
- ‘A’ agreeing to handover the possession of the flat for interiors and occupation thereafter.
I seek your guidance on the following:
- Is the Agreement for Sale executed between ‘A’ and ‘B’ still valid?
- If I as ‘C’ enter into a fresh Agreement for Sale or Register Sale Deed with ‘A’ will have any legal complications from ‘B’?
- In the scenario explained above, if someone has to reach the court, who could that be ‘A’ or ‘B’ or ‘C’ ?
Thank you once again.
Regards, Dr Sunny MP
