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Please help

Anand Sharma (Student CA Final ) (26 Points)

23 August 2014

Hello friends

I am prepairing for CA final Both groups. I am in a problem relating to my home. Actually we ha sold a home in january 2013 on notary papers recieved cheque for RS 4,50,000. That means no will registered or any sub-registrar stamped on it. But that person didn't give any copy to us of that aggreement. Now my father asked him for a copy because he want to file the ROI. But that person didn't giving the copy. My father is very much tensed for that document.

Whether that person can claim anything from us on that papers. Any amount or something i am unable to understand what to do with that. My studies are disturbing with these types of problem
Please Guide.
Thanks

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5 Replies

Mihir (Wealth Manager) (5293 Points)
Replied 26 August 2014

What kind of home was this? A flat in a society or what? Who is the owner of the property? Do you have any proof that you are the owner of this property? What kind of document was prepared to sell this property? Is this a distress sale?

Any immoveable property has to be bought/sold by a proper document on which stamp duty has to be paid and the document is to be duly registered.

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Anand Sharma (Student CA Final ) (26 Points)
Replied 27 August 2014

Hello Mihir Sir

Thank you very much for taking my query.

Actually that was a flat alloted by DDA and we purchased that flat in 2012 on GPA registered. But after that delhi goverment banned the GPA, Will and notary work for property transfer purpose on basis of SC judgement. But we want to sell the house due to financial problem.
The buyer purchase from us on Notary papers only. And now he is not giving us that agreement copy.

My father is not so much literate to read that agreement at that time on basis of faith he just signed the documents and given thumb impression that i am selling my house to the buyer.

Now on not giving of that agreement copy my father fears that is that person has taken sign on any kind of loan papers also or anything else written to claim anything from us in future.
We had taken in cheque RS.450000 for that flat. Entry is showing in my father bank account.

This is the actual problem.

Please guide me now what i should explain to my father in simple words. Please help.

Mihir (Wealth Manager) (5293 Points)
Replied 27 August 2014

There is nothing anybody can say without looking at the content of that notary document. It could be a genuine sale deed or it could be a lot worse. Even if it is a genuine sale deed, it is not a valid document to transfer an immoveable property. There is no option but to pursue the buyer to get the copy of the notary document, and if possible cancel that document and prepare a proper sale deed duly stamped and registered. In fact, the Delhi Developement Authority might not accept this transfer document at all. Who is in possession of that flat as of now?

Sunil S Nair (Advocate & Legal Consultant) (66 Points)
Replied 04 November 2014

Who holds Original property Title papers now, your query is not so clear but in accoedance to my understanding it if you received your payment as it enchased or has the cheque bounced it is no more your headache but the buyer because he cannot avail any benefits from the documents he has in his hand yes but till you pay the requestee stamp duty and register the same your sell of property is invalid in eyes of law you still are the owner,,, But still like to know what is exact guidance that you are seeking form this particular query

Anand Sharma (Student CA Final ) (26 Points)
Replied 05 December 2014

Hi sunil s nair sir, thank you for taking my query. can you please give me your no. I will call you and explain the problem. My no. Is 9555950297 you can also leave a text msg I will call you at whatever time you mention in text. Please sir please help me, encountering with such thoughts is like living in a hell. Please guide me. Thanks