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Murali Krishna Pratapa   18 March 2025

Cancellation of sale of elders property

My mother aged 71years told us to sell out Flat(ground floor) which is constructed 34years back without permission around 4months back. Some party approached us paid 1L to daughter in law as token advance which is<5% of the sale without an agreement just with phone calls.Paid on 20-Nov-25 with verbal communication plan to complete registration in Dec'24 month and house vacated at the same time.We put the condition that they have to mention "knowingly they are purchasing the Flat which is not having permission or applied under Building regularisation scheme" means we are not responsible in future circumstances related to permissions.

We both (me and my spouse) only contacted on behalf of my mother.

But due to their unavailability unable to register Dec'24.Jan'25 is not have auspicious days to complete registration in between my mother fell down due to illness in Dec'24 month too.

In Feb'25 she fell down again unable to walk due to crack at thy joint we told the same to buyers.In between buyers showed the property tax receipt to a lawyer who suggested to change the SQFT mentioned under Municipal corporation records so that they can save some money during registration.This change is done only in Mar month i.e yearly once before property tax invoice generation.

After my mother fell down she started worrying about the flat as she wish her last resort rituals performed in the same flat which she agreed earlier to sale that's why she is currently not willing to complete sale.We told the same to buyers now they are putting pressure on us and demanded 5L.He is not agreeing to take 1L return even I agree to compensate by 10k.He credited back to our account when we tried on 10-Mar-25 on the same day.

Due this conversation with buyers lawyer came to know that "Registrarer will not agree to register the property if we mentioned buyers knowingly purchasing the Flat which not having permission or not part of building Plan".Hence we don't want to face legal issues in future.

Can anyone suggest my mother is more worried about this.



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     18 March 2025

First of all the money was paid to your wife and not to the owner.

There is no sale agreement between the owner and the buyer.

There are no conditions binding on the owner that can be imposed on the owner by the buyer wiothout the owner entering into a sale agreement.

Since your wife has accepted the money let she issue a notice to the buyer that she is not the owner of the property and the owner is not accepting to sell the property hence she returns the money.

If they don't listen then let them take legal action which can be challenged asp per law


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