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prakash (Wg Cdr)     30 November 2013

Request for legal advise

Sir/Madam,

1. I entered into a Notary agreement for purchase of 10 acres of agricultural land in Maharashtra in April 11. The total cost of the deal is Rs 35 lacs out of which I have paid Rs 14 lacs as advance. The registered sale deed was to be completed within five months from the date of agreement.

2. The Seller has entered into the agreement on behalf of 12 farmers who have given selling rights of 60 acres to him through four separate GPAs. The land falls under Niyantrit Satta Prakar (restrictions on transfer of land purchased or sold). The Seller has not got the approval from District Collector for transfer of land till date. I am in Army and posted in Far East which makes it difficult for me to frequently visit my hometown and personally follow up the case. It appears that the Seller is taking the advantage of this and deliberately delaying the obtaining of the approval so that I get frustrated and back out from the deal. The cost of the land has more than doubled after the agreement.

3.  Sir, I have following queries:-

(a) Does the Notary agreement has any legal standing?

(b) Since the seller has not completed the documentation for        transfer of land till date, will period of five months mentioned in the agreement gets automatically extended?

(c) Can the registered sale deed be completed first and then the transfer of ownership carried out after approval of DC?

(d)  The PGAs given by the farmers are not registered. Is it   mandatory that the same are registered for executing the sale    deed?

(e)  What is the legal course of action left with me?

                        Thanking you.

 

                                                Prakash.



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