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D.Das (VP)     12 May 2016

Agreement to sale

I had entered into into an Agreement to Sale for selling a part of my plot (with an independent house) in Odisha. This is a residential unit and the buyer initially verbally confirmed that he was going to use that for a dwelling house for which he was raising home loan from State Bank. In the meantime, in my absence (I live outside India) he has gone ahead and made structural changes and converted the house to accomodate a pathology lab. On mails also now he is mentioning that he will set up a Pathology lab.

I do not want this Lab there as this is a Residential Zone of the Development Authority and also will result in fall in property valuation of rest of my property.

What are the remedies available to me?

 



Learning

 5 Replies

D.Das (VP)     12 May 2016

Please help me with your valuable advice. Thanks!


(Guest)

as you have mentioned that this is a residential area, he must have done this illegally. You may file a complaint to the authority under whose jurisdiction the property falls, that the said construction is illegal and should be demolished. You may also file an RTI and use it as a proof.

Rit Arora

Advocate

7838737001

SURESH BV, Advocate (LAWYER- JOB)     12 May 2016

You have just entered into an Agreement to Sale. If the sale is not completed by a registered Conveyance, you can always cancell the agreement subject to the conditions as mentioned in the Agreement of Sale. 

D.Das (VP)     12 May 2016

Dear Sir,

The property is not yet sold and the Agreement to Sale will get over on 31 May, 2016. He has send a pleader notice to complete the Sale Deed by that date. However, now I know that he will set up a Pathology Lab in this residential area and I do not want to complete the Sale Deed. If I can prove that he was planning for a Pathology Lab then can I avoid doing the Sale Deed Registration? I am ready to pay him his advance although he is not keen to take it as he has broken open the house ,invested  money and has ]made changes. Please suggest my next course of action.

D.Das (VP)     12 May 2016

The Agreement to Sale is a registered agreement but says that possession is not given and also has a breach of contract clause. Although this breach is there still my primary question is can I stop the Sale Deed if I the purpose (which is against law) was not disclosed to me?

 


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