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SARO Enterprises   23 June 2024

Registration after sale agreement

Hi Members

I'm buying to buy a piece of land by entering into a registered sale agreement with the seller. After the agreement if the seller doesn't honor the agreement, is there any way to get it registered without going to the court?

I heard that if we make the agreeement along with his power of attorney to me it ll work. Could you kindly clarify this issue? Thank you



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 June 2024

The sale agreement and the power of attorney are two different subjects.

However both the deeds do not confer title to the property.

You cannot enforce the execution of sale deed without approaching the court for relief.

If you do not want to approach court seeking direction to the seller, then you may have to lose the property and the money what you have invested.

The power of attorney deed is not a title document, even if the seller is executing a POA deed under compulsion or coercion, he may  take steps to cancel the same subsequently then this deed will become infructuous hence you may have to waste your time, energy and money on such fictitious ideas. 

1 Like

Dr. J C Vashista (Advocate )     24 June 2024

The Attorney is authorised by the executant accordingly it is valid if the attroney is ready and willing to proceed as per agreement.

Terms & conditions of agreement to sell /purchase shall govern the subject matter where it must have been explained as to what is to be done if either the purchaser or seller do not honour his / her commitment.

However, you should issue a legal notice and demand the seller (or his attorney) to execute sale deed within limitation of agreement stating wiliingness and readyness for making payment of balance of consideration on your part of agreement, as agreed failing which you shall initiate legal action.  

1 Like

SARO Enterprises   27 June 2024

Clear. Thank you Sir for your time and reply.

T. Kalaiselvan, Advocate (Advocate)     27 June 2024

You are welcome for your understanding 


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