Amit Sharma (Self) 16 February 2010

Sale of site involving two survey numbers

I have approached a developer in bangalore to buy a plot of 2000sq ft in a layout approved by BIAAPA (www.biaapa.in). The layout has been formed by combining around 7-8 properties purchased/jointly developed with the existing owners (farmers). And involves around 12 different survey numbers.

The plot that I am getting has 60% of its area (the rear portion) in survey no. 218 and around 40% (front portion) in survey number 111/3

But the developer has included only the details of survey no. 218 in the sale agreement.

I insisted that the other survery no. also be included in the sale agreement, but he is reluctant to do so and is just telling me some or the other reason for not doing so. And just keeps assuring me that there will be no problem.

I am not willing to accept this and want the details of the other survey no. be included in the sale agreement and also the sale deed subsequently.

Please advice, if it is ok not to include both the survey numbers in the documents or should I be suspicious of what he is trying to do.

Thanks.

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2 Replies

(Guest)

Yes. You should be suspicious of what he is trying to do.

(Guest)

Mr.Amit - Your suspicion is reasonable, but without proof. Hence you may apply for the Encumbrance Certificate and get advice of your advocate and get a legal opinion. Since you have already entered into Sale Agreement, if you go back without performing it without any proof, you will be blamed legally. Hence if the title deeds are defective, you may show the legal opinion pointing out any defects of title and come out of the agreement.