Chain of deeds not available with 1st buyer of a flat
I had been willing to buy a flat in Rampur and had entered into an sale purchase agreement with 1st buyer of a flat but later i came to know he is not having proper chain of deeds with him and also while preparing search report 12-30 years of the same flat couldn't be completed due to missing chain deed due to which my bank is not sanctioning me the loan. 1st buyer is not returning me the advance i paid to him as per agreement. What can i do? I have also given him some money apart from agreement through cheque, do i get any protection?
What were the terms and conditions of sale purchase agreement ? Did it contain a clause that in the event seller fails to make out a clear and marketable title to the flat advance money paid would be refunded? Was sale agreement registered? You can cancel the agreement if seller fails to furnish clear and marketable title to the property. Issue legal notice to seller that as no clear and marketable title to flat has been made bank is refusing to sanction loan and ask for refund of your earnest money. If seller fails to refund then file suit for recovery of your earnest money. You can't be forced to buy the flat. Contact a local lawyer, as soon as possible.
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