Questions and Professional Answers

• Sale deed cancellation

  Hello sir I am from Lucknow (U.P) India. My father has done a sale deed for our residential land to a land improver under pressure. Now we are fighting the case in the court. My father has no brothers and his sisters are married, now I am his only son and this property is purchased and built by my grandfather who has expired and my grandmother also has expired. Now on the basis of the will transfered to my father, the will has been executed......but the buyer has not paid the part of the amount mentioned in the deed and also the cash which has to be paid after the deed. Therefore if we have to file a sale deed cancellation how much stamp duty should we pay. If my father file a case of sale deed cancellation he has to pay 7500 per lakhs of amount of sale deed, now i want to know that if my mother files the sale deed cancellation how much she has to pay and if she is eligible to file the case of deed cancellation under the law.Please help as it will be appreciated

  • Re: Sale deed cancellation

    You may not easily cancel the sale deed until and unless the so called land improver(in your language)agrees to get the deed cancelled,otherwise you may also not have a proper stand in the court as per your sale deed.

    Rohini Kumar Tenneti
    R.K.1080 LEGAL SERVICES
    1-9-1122/13/6/B,VIDYANAGAR
    Hyderabad, AP 500044

  • Re: Sale deed cancellation

    You may contact the local Collector's office for appropriate guidance.

    Sudershan Goel
    Attorney-at-Law (India)/International Visiting Scholar
    Sureme Court of India/University of North Carolina at Chapel Hill
    Usa / New Delhi, NEW DELHI 110001

• Deed of Sale

  I would like have some advice, please, re: executing a Deed of Sale for a certain land transaction, buyers will pay cash for the property, buyer has a 50% partner, how do I structure the Deed of Sale to reflect all the options I have indicated? Thanks,

  • Re: Deed of Sale

    go see a attorney with an experise in real estate transactions === by doing it yourself you will probably regret the errors in the future -- its well worth the money you spend to assure it being done correctly

    Michael Olden
    Law Offices of Michael A. Olden
    1035 Alta Mesa Drive
    Moraga, CA 94556

• Cancellation of registered sale deed

  In a planned conspiracy the financer colluding with the Sub Registrar on the pretext of mortgage deed obtained my thumb impression over the registered ale deed of my house in his name. How to get the sale deed cancelled? Where to approach and under which provisions of the Registration Act of Andhra Pradesh, I may get registered sale deed cancelled?

  • Re: Cancellation of registered sale deed

    There are no provision of cancelling a deed in registration act. Registered sale deed can be cancelled only on filing of civil suit in the court. Consult a local advoate to file the civil suit.

    Vivek Mapara
    Mapara Law Firm
    
    Jamnagar - Ahmedabad, NUS 361008

• property

  i purchase property on registered aggrement for sale and give full money to seller and he take four month for sale deed but now time pass about one and half year now seller was not ready for sale deed in my favour now how i get sale deed in my fovour?

  • Re: property

    Execute it through court. Contact any efficeint lawyer or contact usFor further assistance plz contact atadv.kamal.grover.gmail.comWe deal cases in the courts all over India.M: 09814110005Regional office ChandigarhWe strive for your rights.Good Luck.

    KAMAL GROVER
    India lawyers
    #125, Sector-53 (Phase 3-A, Mohali), Chandigarh-160059
    Chandigarh, India 160011

  • Re: property

    You may consider engaging a lawyer for filing a suit for "specific performance" of the contract executed with your seller in the local court.

    Sudershan Goel
    Attorney-at-Law (India)/International Visiting Scholar
    Sureme Court of India/University of North Carolina at Chapel Hill
    Usa / New Delhi, NEW DELHI 110001

  • Re: property

    you can file a suit for specific performance of the agreement

    Nandita Haldipur
    Haldipur Associates
    Sharnag Apartments, Flat 102, Ground Floor, 18th Cross, Malleshwaram,
    Bangalore, NUS 560 055

• defective sale deed

  i purchased a property .The basic document shows A,B,C are the owners having a right over the property.Since A is no more,her legal heirs joined in the sale deed .B was not married and as per his will the parties joined the sale deed agreement.C is no more .He has wife and three children.As he has got this property frm his mother a local adv remarked that his wife need not join the sale dded but his children should.Accordingly they also joined in the sale deed and Cs children got 1/3 share of the total amount but whn i approached a bank,their legal advisor remarked that wife of C shouyld also join the sale deed and as she has not signed the sale deed its a defective one.Is IT RIGHT?As i hve already given the full amount,what can be done now if its defective?

  • Re: defective sale deed

    You can rectify the defect by executing a deed of rectification.

    Pranav Desai
    PD Legal & Associates
    4, Sagar Society, Fatimanagar
    Pune, NUS 411013

  • Re: defective sale deed

    If possible correct the defect.

    Aniruddha Pawse
    Aniruddha.P.Pawse Advocates
    3,Ramchandra Smruti, Bhaskar Colony, S.V Rd, Naupada,
    Thane(w), NUS 400602

  • Re: defective sale deed

    You may consider getting sale deed of her share from the left out share-holder.

    Sudershan Goel
    Attorney-at-Law (India)/International Visiting Scholar
    Sureme Court of India/University of North Carolina at Chapel Hill
    Usa / New Delhi, NEW DELHI 110001

• Sale deed vs Sale agreement.

  Hallo Sir/Madam, I am looking for a home loan for 10Lakhs.My eligibility looks good.The amount mentioning in the Sale agreement is 17lakhs.But,the property worth rupees 13Lakhs.But,in the sale deed the amount wil be mentioned as 13lakhs(the actual amount).To avail the loan of 10lakhs what should I need to do.After I handover the sale deed to the bank,will the sale agreement becomes void.Is that so?.The bank will come to know the difference amount mentioned in the sale deed and sale agreement.Will be the problem to me after sanctioning the loan.how do i mitigate this ris?.Please help

  • Re: Sale deed vs Sale agreement.

    You may have to avail loan on the basis of agreement to sale only.contact any executive of bank in this regard.

    sidharth Advocate
    INDO-GLOBAL JURISTS
    255 AGARWAL MODERN BAZAR , C-33 KESHAVPURAM INDUSTRIAL AREA, DELHI-35
    Delhi, NUS 110035

  • Re: Sale deed vs Sale agreement.

    In appropriate cases, the bank even give loan upto 80-85% of the value. It will be better to try this option then to use two contradictory documents.

    Shrichand Nahar
    S.V.Nahar, Advocate
    
    Pune, NUS 411004

  • Re: Sale deed vs Sale agreement.

    You are creating a contradiction its quiet clear that the loan will be availed on the basis of Agreement for Sale which would be registered by paying proper stamp duty. You may contact personally for an opinion along with the details or contact the executive of the bank. Which state do you belong?

    Homi Maratha
    N.N. Maratha & Co.-Advocates
    
    Ahmedabad, NUS 380015

• cancellation of sale deed

  I purchased a small shop in a cellar floor of an apartment which is an unauthorised construction.After purchase,(sale deed registered) that was demolished by the corporation.Can I file a suit against the seller for return of purchase money on the ple that it was sold on fraudulent misrepresentation, without seeking for cancellation of the sale deed. can i ask for damages .

  • Re: cancellation of sale deed

    You may also have to seek cancellation of sale deed; however,you may be entitled to damages.

    Sudershan Goel
    Attorney-at-Law (India)/International Visiting Scholar
    Sureme Court of India/University of North Carolina at Chapel Hill
    Usa / New Delhi, NEW DELHI 110001

  • Re: cancellation of sale deed

    In respect of void or voidable sale deed, you can ask for restoration of price. Subject to law of limitation.

    Shrichand Nahar
    S.V.Nahar, Advocate
    
    Pune, NUS 411004

• deed of sale

  is the registerd deed of sale of a hindhu joint family is valid, if the joint family member is doing sale deed to his wife, daughter in law and grand son.

  • Re: deed of sale

    it is a valid sale deed but if the property belongs to hindu joint family, the further sale of the same may be challenged.

    RAJIV GUPTA
    Rajiv Gupta & Associates (Cell: 9811284735) lawyer_rajiv@yahoo.com
    (lawyer's Chamber No: 359, Western Wing, Tis Hazari Courts,
    Delhi, India., NU 110054

  • Re: deed of sale

    yes

    Pranav Desai
    PD Legal & Associates
    4, Sagar Society, Fatimanagar
    Pune, NUS 411013

  • Re: deed of sale

    You have to give more details rather,like is the property belongs to HUF and if so where is the question of selling the same property to the HUF members.

    Rohini Kumar Tenneti
    R.K.1080 LEGAL SERVICES
    1-9-1122/13/6/B,VIDYANAGAR
    Hyderabad, AP 500044

  • Re: deed of sale

    yes, the sale may be validly made in favour of any person.

    Sudershan Goel
    Attorney-at-Law (India)/International Visiting Scholar
    Sureme Court of India/University of North Carolina at Chapel Hill
    Usa / New Delhi, NEW DELHI 110001

• Question on a grant deed and a trust deed with an inactive LLC

  My wife sold a residential property to a LLC in Portland, Oregon in November 2001 with a carry-back loan. It was a trust deed sale. She also signed a grant deed to the LLC. She recently found out that the LLC was inactive and had been administratively dissolved at the time of the sale. According to the secretary of state, the LLC cannot be reinstated since another business already uses the same name. My wife was also told from the title company that the trust deed was not recorded due to the bounced check from the buyer. My wife still has the title of the property in her name.Although my wife had a legal contract with the buyer, is the sale still enforceable? Are the grant deed and trust deed still valid today?Thank you very much

  • Re: Question on a grant deed and a trust deed with an inactive LLC

    There are several ways to approach this, depending on what the actual status of the transaction is. Although the trust deed (which is a financing instrument) may not have been recorded, was the "grant" deed itself recorded? The "grant" deed (Oregon usually uses some form of warranty deed) is the document that transfers title from one party to another. If the warranty deed was recorded, then the title would have been transferred to the LLC.The fact that the LLC has been administratively disolved by the state, would not automatically eliminate the rights that its members may have had to any assets of the now disolved LLC. Although someone else is now using the name, the LLC could be reinstated with a new name. If the LLC did not exist at the time of the transaction then the transaction would be a nullity and you would need to action to clear the title to return it to your wife's name.There are many other questions that need to be answered before a decision can be made about what action to take to resolve this problem.Do you actually know the status of the Oregon property at this time? Is it occupied? By whom? Was your wife supposed to get payments on her trust deed and is she still getting those payments?Our office regularly handles real estate matters. We also offer a low cost initial consultation. Please give us a call to set an appointment.

    Susan Burns
    Law Office of Susan Ford Burns
    1406 SE 12th Ave.
    Portland, OR 97214-3605

  • Re: Question on a grant deed and a trust deed with an inactive LLC

    Somehow this question regarding Oregon law was referred to the California LawGuru lawyers, probably because you live in California. Oregon law may differ from California's in important respects.For example, I do not believe that California has a category corresponding to "Inactive".... we would use "active" "suspended" "merged out" or "dissolved" to describe an LLC's status.In a similar situation in California, I would advise a client to take the position that the sale was a nullity and that the documents were void. However, this position is not necessarily 100% defensible. Therefore, I would recommend retaining a local real-estate lawyer to take the necessary steps in court to formally nullify the contract of sale, the trust deed and the note.The exact best way to plead the action will depend on nuances of Oregon law, i.e. whether to seek annulment of instruments, removal of cloud on title, quiet title or rescission of contract is a choice to be made based on knowledge of state law and procedural preferences.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

• Trustee Sale

  A short sale that I have a offer(700k) on was recently posted for a trustee sale. I did some research on this property and found that there was a previous trustee sale on a deed of trust for 529K(outcome went to lender). The current posted trustee sale is for a short form deed of trust for 419K in a couple of weeks(same lender different trustee). Since both deeds were recorded on the same day and have the same lender. What is the reason for the split sales? Also, is there any way to work this sale to my advantage and get a better deal(any reason to show up to sale)? Is this second sale a formality to close out the contract?Regards,Dazed and Confused

  • Re: Trustee Sale

    Boy, I sure wouldn't offer $700k on a property of uncertain cleanliness and legal description!I can imagine several different scenarios for the dual trust deeds and other confusing details. The problem is, some are relatively innocent and some of them spell real trouble for an uninformed bidder. You mustn't bid big bucks on sales like this without really having a thorough understanding of the title being offered, the description of the property, liens that will have priority over what you may acquire, miscellaneous clouds on title, and other problems. For 1/2 of 1% of what you are maybe risking, you can get a legal opinion on the foreclosure in general, a title report, and professional advice on what you will actually own if you are the "winning" (???) bidder and what skeletons are in the closet.I just can't picture anyone bidding megabucks on distressed property while in a "dazed and confused" condition. Have some pros read the public records, the sale notices, and get one or more title reports or ask for assurances of insurable title in what you may "win" at the sale.This MIGHT be a great bargain for you, but with the dollar amounts involved, proceeding without professional investigation and advice is way too risky.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318