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Legal opinion

Posted: February 13th, 2013, 7:39 am
by mshyam.cts
Hi,
For a particular survey number,
Person A (Seller) had executed registered sale agreement against Person B (buyer) initially after that
Person A (Seller) had executed registered GPA against Person C(buyer relative)

They formed a layout back in 90's and Person C has signed the sale deed for all the buyers in this layout.

Please note Person B's signature is not in GPA. Based on my lawyer the sale agreement has specific validity and it won't be valid now since its more than 10+ years old ... But he says chances are there Person B can file a case .. In such case we need to fight ...

Experts ... please help me taking the decision in this scenario ...

Regards,
Mani

Re: Legal opinion

Posted: February 13th, 2013, 1:09 pm
by tvsh
What specific help are you expecting from members on the board?. Your lawyer has clearly told you the risks involved with the plot. You need to decide if you are comfortable with the risk, if you are then go ahead, if not drop it and look for another plot.

Re: Legal opinion

Posted: February 13th, 2013, 3:15 pm
by msn1270
Mani

Its not easy to give you exact solution, as none of us have seen both the sale agreement and the GPA Documents.

If you have the Sale agreement copy, all your queries will be solved if you go throgh the content of that agreement.
usually Sale agreement will be done for a specific period for arranging finance by buyer before going for registration.
Between 2 weeks to 2 year period(Incase of large area development by developers).

One thing you need to verify is that, the GPA (between A &C) registered date. It should not be within the Sale Agreement
(between A & B) validity period. if there is any such overlapping, your advocate can guide you better.

Moreover, since it is a layout, if any such situation arises, Risk is not just for you, it will be for everyone who bought in this layout.

Re: Legal opinion

Posted: February 13th, 2013, 10:48 pm
by mshyam.cts
Thanks for ur reply ..