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Sukhmeet   18 July 2017

Property

Sir My father n his brother had a property ground floor n first floor. Ground floor was of uncle . He transferred us the property in blood relation . But without our knowledge he already did agreement to sell with another person before our registry though the agreement to sell period has expired 3 months ago. Can now that person claim in our property transferred. Is 3 years period applicable. Remedies please



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 12 Replies

Siddharth Srivastava (Advocate)     19 July 2017

Yes, the purchaser can calim the property by way of declaration and specific performance. The period of limitation is 3 years.

Ms.Usha Kapoor (CEO)     19 July 2017

Yeah! The purchaser can claim the property by way of declaration and specific performance.The period of limitation is 3 years.

Sukhmeet   19 July 2017

What is the remedy for my father. As property already transferred to us. In blood relation n no consideration is mentioned there. This is weak point in our favour. Kindly give possible remedies

Sukhmeet   19 July 2017

Uncle has ditched us as well as that person. N that uncle has no money to give now. Whats the solution .

Siddharth Srivastava (Advocate)     19 July 2017

Mr. Sukhmeet, contact with details and documents. Sidharth Seivastav, 9811776422

G.L.N. Prasad (Retired employee.)     19 July 2017

It is not that easy to file such suit by other party, as he has to pay court fees, advocate fees and all depends on clauses stated in Agreement of sale, as to whether the seller has the option to sell it away if the consideration was not paid within stipulated date.   Do not worry too much and let the other party initiate any action and such decision in any place takes minimum of 5 years with further appeal process for another ten years.  Do not assume things and you can easily cross the bridge when it comes.  It is your uncle that has to face the music and as innocent purchaser, unless you have a role of connivance or apparent knowledge, ignore for the present.

Sukhmeet   19 July 2017

Thank u sir! But its written in agreement to sell that the purchaser has a right to deny double earnest money n can transfer agreement to sell to any other. N the seller that is my uncle will not do any agreement to sell regarding this property with any other.

Sukhmeet   19 July 2017

I m bit doubtful coz our registry is in blood relation

G.L.N. Prasad (Retired employee.)     19 July 2017

With due respects to you, please show the agreement to sell to a competent advocate and let him provide his opinion as to whether the seller has the right to sell, in case of failure by purchaser to pay consideration within a prescribed time, and about giving such notice and the period mentioned in the deed.  Why are you so much worried, when there is no movement / reciprocatory notice or injunction on property or suit against you by the purported purchaser.  Your further doubts in the issue may cause suspicion that the transfer within own brother is  malafide , with full knowledge of such sale etc.  Please do not post such important issues of your knowledge of previous agreement to sell  in open forums.

Siddharth Srivastava (Advocate)     19 July 2017

Registry within blood relation does not adversely affect the registry of sale deed.

G.L.N. Prasad (Retired employee.)     19 July 2017

There is no such doubts on validity, the long stretch suspicion, of registering alleged property to his own brother, after executing an agreement to sell may give suspicion of connivance.

Dr J C Vashista (Advocate)     20 July 2017

What do you mean by transfer in blood relation? What is the document for any (such) transfer? 

Whether the seller has issued a notice to buyer to rescind and revoke the agreement to sell for non-performance by purchaser during the agreed time, stating the bayanan amount has been forfieted?

Consult a local lawyer with documents to avoid litigation since the facts are complicated in your case. 


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