In 2012, the Supreme Court of India ruled in Suraj Lamp & Industries (P) Ltd (2) v. State of Haryana with regard to the validity of sales of real estate by proxy: This absolute rule is subject to the exception provided for in § 53A of the Transfer of Ownership Act. § 53A provides that if the buyer has come into possession of the object of the object, the seller has no right to interfere with the property granted to the buyer, although he fully fulfills his part of the obligation under the contract. It may be noted that Article 53A provides the prospective purchaser with a shield against the transferor and prevents the transferor from interfering with the purchaser`s property, but it does not repair the buyer`s title to the property. Ownership of the property remains the property of the seller. 1) Since the purchase has not fulfilled its part of the contract to make the rest of the payment within the specified period, you can send him a legal notice terminating the contract. I bought a property from Satakhat registered in 2007 with the full payment of the agreed value to the buyer and this was extended for the full execution of the Satakhat. In the meantime, the seller had sold the property in 2013 to another party with a registered purchase agreement. if my registered Satakhat is entitled to claim property in court. 1. Why were there two written agreements? Were they executed on the same day? Please note that an unregistered agreement cannot be read as evidence in a civil suit unless both parties to the lawsuit agree to the content of the agreement, allowing you to withdraw from the agreement after sending a cancellation notice to the owner of the invalid contract and seeking a new buyer for your property. Your Satakhat was in 2007, was there an expiry date of the agreement? What were the conditions of such a Satakhat? What was the actual transaction, when was the payment made? These are all the facts you need to know before you are advised exactly. Based on registered Satakhat, you can take legal action for certain performance against the original sellers, and you must also join subsequent purchases as a party to this Li.
Usually, when you agree to the sale of a property, time is not crucial, so unless the conditions provide otherwise, you have a reason for a particular performance. If you need help, you can contact me personally with your papers. I am a lawyer and practice in Ahmedabad. Sincerely, Vivek N Mapara Lawyer vnmlaws What the purchase contract creates is a right for the buyer to acquire the property in question under certain conditions. Likewise, the Seller also receives the right to receive the Buyer`s consideration in accordance with its part of the General Conditions. 3. Return the amount of the advance received from you if there is no form specification clause in said agreement. 1. Since the potential buyer has not kept his promise to pay the remaining amount within the agreed period of 4 months, you can revoke the contract by sending a lawyer`s notice. First, check that the purchase contract has been correctly registered 4.
If the buyer does not show up to terminate the contract, you can take legal action to ask them to comply with the agreement and pay the remaining amount of 20 lakes. 1. Was there a cancellation clause included in said agreement that stated that the agreement will be automatically terminated (and the money from the advance will be confiscated) if the other party does not pay the balance within the specified period of 4 months? “Any contract of sale (contract of sale) that is not a registered deed of transfer (deed of sale) would not meet the requirements of sections 54 and 55 of the Transfer of Ownership Act and would not confer title or transfer an interest in any property (except for the limited right granted under section 53A of the Transfer of Ownership Act).” (3) To terminate the contract, the potential purchaser must appear before the Registrar. You cannot sell the property to another buyer until the contract has been terminated. 8) If the buyer refuses to accept the cancellation of the registered purchase contract, you can take legal action for certain services in order to ask the buyer to make the final payment 1) It is necessary to read the sales contract to advise. (2) He must go to the registry office to terminate the contract. In the event of the Seller`s failure to sell or transfer ownership to the Buyer, the Buyer is entitled to certain services under the provisions of the Specific Repairs Act 1963. A similar right is available for the seller under the contract to require a specific service from the buyer. A purchase contract is a contract to sell a property in the future. This agreement defines the conditions under which the property in question will be transferred.
The Transfer of Ownership Act 1882, which governs matters of sale and transfer of home ownership, defines the purchase contract or a purchase contract as follows: 2. I would advise you to terminate the contract and sell it to another person. First, reap the benefits of your own land. The purchase contract may or may not lead to an actual sale of the property in question. Some of the stamp duty laws, such as the Stamp Act of Maharashtra, consider an agreement to sell a property on the same basis as an appropriate deed of transfer and are therefore subject to the same stamp duty that applies to the appropriate deed of transfer or sale of a property. Because of these provisions that require the payment of stamp duty on a contract of sale, people mistakenly perceive a contract of sale as an appropriate deed of sale. 2. If so, send the other party a cancellation letter informing them that the said agreement will be cancelled because it does not meet the conditions, I bought land in Gujarat, I pay 70%. But the sellers are different. So, I make civil complaints, although my case is ongoing, sell them to others So, I take objection in Mamlatdar`s office, so that once they reject the name transfer process (7/12). then after six months, they again apply for name transfer in 7/12 this time, I also object to this case, my case being pending during this period, the court`s decision that the sellers are guilty and charged with IPC 420. , despite my request and court decision, mamlatdar transferred the name to the buyer by entry name in the 7/12.
this is pure fraud, what should I do now. Now pl., where I have to complain. Pl. help me. I have Satakhat and affidavit for payment by check and cash Suresh passed away in September 2014 (the sales contract was concluded in March 2014) and he wrote a will to his daughter explaining that all the real estate belongs to him. Now, suresh girl is not willing to make the registration or not willing to pay the amount that is given to suresh A sale agreement is a promise in the future that ownership will be transferred to the rightful owner, while the deed of sale is the actual transfer of ownership to the buyer. In accordance with the terms of the said agreement, it was automatically terminated after the expiry of the 4-month period, unless both parties had mutually extended the period to a further period. 3) Contact a local lawyer Cancel the contract and refund the money paid in accordance with the terms of the purchase contract A purchase contract is an agreement to sell a property in the future. This agreement defines the conditions under which the property in question will be transferred. According to the Transfer of Ownership Act, a purchase contract, with or without possession, is not a transfer. Section 54 of the Transfer of Property Act provides that the sale of property may be effected only through a registered deed and that a purchase contract does not incur interest or charges on its object.
Even if the signing of the purchase contract does not mean that the sale is complete, it is a crucial step in this direction. For this reason, buyers should know exactly what conditions are mentioned in the contract. Remember that both parties must comply with the conditions set out in the purchase contract. Any party that fails to comply with any of the Terms, as required by the Agreement, may be taken to court if the other party so wishes. All parties involved should also be aware that this document can be cited as legal evidence in court and that all those who have agreed to comply with the conditions are legally obliged to do so. In cases where you have acquired and taken possession of a property under a purchase agreement, title will continue to remain with the developer unless a deed of sale has subsequently been signed and registered under the Indian Registration Act. This clearly shows that ownership of a property can only be transferred through a deed of sale. In the absence of a duly stamped and registered deed of sale, the buyer of the property has no right, title or interest in any property. 3. If so, send him a letter in which you cancel the contract correctly, as suggested in my previous post, and start your sales promotion again. .