Advocate Farhaz Khan

Questions Answered by Advocate Farhaz Khan

Q: Buyer has not registered sale deed within agreed time, cancel deal

I received token advance of 25K for sale of a plot and made a handwritten receipt. It was indicated in the receipt that registration of sale deed will be done within 90 days, didn’t make a formal sale agreement , i was not ok with nomination clause he wanted, agreed we would go for direct registration.Now the 90 days time has passed and sale transaction has not been completed by him. Advise how to cancel the deal to sell plot to others. He is not responding to WhatsApp message reg cancellation

Advocate Farhaz Khan answered
As per your query, you first have to send a legal notice to the person who had agreed to purchase the property and the receipt of the token advance acts as an evidence and more over the 90 days time has passed and for further processing if you are selling the property to someone else then the first person might create an issue going ahead, hence formally send a legal notice from advocate and can move ahead

Q: Property issue in Bangalore in one of the layout

bought a plot in a Bangalore layout, and all the property documents were correct. It's been over a year since I bought the plot, and according to the documents, it's a corner plot with a front 30 square foot road and a left side 20 square foot road. Now, my builder is claiming that my plot is going into the road because of road widening, referring to the BDA and Bescom as justification that they should have a 60 square foot road and parking. Is this legal?

Advocate Farhaz Khan answered
As per your query above, you first have to get the legal verification of the property, specifically for the corner site property. Thereafter you need to have to send a legal notice to the builder as the property you purchased is Registered in your name and the builder can't do any deviations ij the approved layout plan (if it is an improved layout plan then you have to fight legally). More over you have to send a legal notice to the builder for claiming your property for road widening which could be illegal

Q: Is registration of "Agreement to sell" (NOT SALE DEED)mandatory in KA?

I am planning to buy a piece of land in an approved layout. Is "Agreement to sell" needs to be registered in KA, given that I am planning to register the property within 15-20 days of signing the SALE agreement. Please suggest . Kindly note that it is through Bank loan (Public sector) partial funding is done.

Advocate Farhaz Khan answered
As per query above for the approved layout you need to have to go for the registered sale agreement in the jurisdictional sub registrar office, after the sale agreement you have to get registered the sale deed, provide me with the details of the schedule property so that i can help you out with the stamp duty details and registration of the registered sale agreement.

Q: Sc st property bought by us without knowing

Sc st property was bought by my mother in law 2003 without knowing as government land further this was sold to other person by area councellor.what to do now

Advocate Farhaz Khan answered
For your query above, tue SC ST land which was bought by your mother in law in 2003, that can be a grant land as well, for this thing you need to have to apppy for PTCL Endorsement, to check whether there is any case of SC ST on the said land, we can get it applied for you to resolve the query, you can provide me with the property details, so that we can apply for the PTCL Endorsement and check on the land.

Q: Booking apartment in Bangalore wanted legal opinion

We have booked flat in Mysore road. This flat constructed on granted land. this land was granted to owner in 1959 by government of Karnataka. This land is sold to builder in 2002. They started construction in 2017. I have doubt this land comes under ptcl act. Builder not providing the caste certificate of owner. Saying they don't have it as it is very old. The land is granted with Form 2 with title deed for original owner. Will this land comes under ptcl act or not I wanted clarification

Advocate Farhaz Khan answered
In thz kind of cases, produce the title deeds, family trees, revenue records and all other relevant documents of the property so that we can scrutinize and advise you better. Dont take a chance under PTCL provisions.