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Seller delaying registration of property
05-Nov-2023 (In Property Law)
I am Hindu from Bangalore planned to purchase a commercial property in Bangalore for our own official use & then rent it few portion for loan repayment.I have found a suitable property & the seller has purchased this property in 2005 which is registered in Husband & Wife name.We did an advance in end of January & made sale agreement in March.There was BDA sale deed issue with this property which is mentioned in sale agreement,which is not sorted yet.With this issue we are unable to get loan on the property.So we created new sale agreement in September with 1 month valid without adding the BDA issue.Now our loan is sanctioned. We are ready to register the property ASAP, but seller is delaying for many reasons. Below are the new issues for there delay:- 1.Tenant is asking some money as goodwill, with 5 to 6 months duration to vacate.2.Seller has separated with ego clashes,Wife has release deed for Husband.3.Her sons are abroad are not signing coming for registration.What should i do now?
Respected
As you asked in the above aforesaid problem. '
As you told there is a agreement of Sale Between you and seller. Without going through the clause of the agreement, it is difficult to give solution to the question. As you informed you has executed two agreement of Sale. Here instead of creating a new agreement of sale Sale you can sought for rectification of deed by making insertion of deletion of paragraphs in the first agreement of sale.
Now as you told, you are ready to buy the property and the owners are delaying to registered. Now you issue a notice to the owner requesting them to execute the registered Sale Deed as per agreement of Sale "Dated:. . " ( there is two sale deed, on which deed you are proceeding is the question" )
For time being issue notice under specific relief act and ask the seller to registered the property in your name in a time specif in the notice.
Regarding Good Will question
It is not a mandatory part on the buyer to pay good will to tenant. It is the duty of the owner/seller to settle all due to the tenant and it is also duty of seller to vacate the tenant before register the Registered Sale Deed to hand over vacant possession.
Better you contact an advocate . If interested you can contact us through law rato.
As you asked in the above aforesaid problem. '
As you told there is a agreement of Sale Between you and seller. Without going through the clause of the agreement, it is difficult to give solution to the question. As you informed you has executed two agreement of Sale. Here instead of creating a new agreement of sale Sale you can sought for rectification of deed by making insertion of deletion of paragraphs in the first agreement of sale.
Now as you told, you are ready to buy the property and the owners are delaying to registered. Now you issue a notice to the owner requesting them to execute the registered Sale Deed as per agreement of Sale "Dated:. . " ( there is two sale deed, on which deed you are proceeding is the question" )
For time being issue notice under specific relief act and ask the seller to registered the property in your name in a time specif in the notice.
Regarding Good Will question
It is not a mandatory part on the buyer to pay good will to tenant. It is the duty of the owner/seller to settle all due to the tenant and it is also duty of seller to vacate the tenant before register the Registered Sale Deed to hand over vacant possession.
Better you contact an advocate . If interested you can contact us through law rato.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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If BDA has not yet registered the property to your seller, you can buy only after that sale deed is executed to him. About the tenant issue if you want you can directly deal with him. About his sons` he should take responsivbility. rest I need to look into your agreement with him.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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