An individual was lured to enter into agreement to purchase of house site paying sum of about Rs. 16,00,000/- to the seller who claimed that he is the owner of the house site and promised to execute sale deed after receiving the remaining amount of sale consideration from the purchaser. Meanwhile, it is revealed that the seller does not have title and ownership over the house site but it vests with another, who is the real owner and who allows the seller to market the plots and after finalizing the deals, then the real owner receives the cost of the plot and executes GPA in favour of the seller (who executed sale agreement initially) and he executes sale deed in favour of the purchaser. Now the real owner contends that he did not authorise the seller to enter into sale agreement and he is nothing do with the sale agreement executed by the seller. There are two instances where, the real owner executed GPAs in favour of the seller who receives the amounts and executes sale deeds in favour of the purchasers of the house sites.
Pl advise as to how to rope in the original / real owner in the case to bind the agreement of sale executed by the seller and to pay the remaining cost of the house site and to obtain sale deed from the real owner or through his authorised GPA.
Thanks
G M Rao