Jay 06 October 2016

Cancellation of sale deed by prior sale agreement

I purchased a property in 50 lacs from Mr X in Aug 2014 on which i am running my hospital. Now in Oct2016 I got a legal notice from a person who is claiming that he has sale agreemnet of same property from the Mr X done in Jan 2014. As per notice he has paid 38 lac as advance to Mr X and rest he had to pay on sale deed. But Mr X made sale deed with you. So he is asking to vacate the property....what should I do?

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4 Replies

saravanan s (legal advisor) 06 October 2016

You need not vacate if he threatens you to do so as you are the rightful owner.if otherwise he needs to prove the same before the court

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 October 2016

An agreement to sell, entered into between two parties, can in no way make the purchaser in that agreement the owner of the said property. The documents executed in your favour by the previous owner, if valid are very much superior wrt title as compared to the agreement to sell. The other sides case wont sustain.

File an injunction suit to restrain you from forcefully dispossess you in case he threatens to do so by illegel means.

Augustine Chatterjee

Advocate & Solicitor at Law

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GANDHI MOHAN BHARATI (Pensioner) 07 October 2016

I agree with Shri Augustine Chatterjee,New Delhi. You may also file caveates in courts having jurisdiction so that they do not pass any orders on any petition pertaing to the property without hearing you.

The person having an agreement can only proceed against the person who sold the property to you and cannot proceed against you and succeed.