ramashome,
I am no lawyer do not construe this as legal advice. You might be better off consulting a lawyer. Get hold of the agreement and understand your obligations and risk.
1. The only mistake from your side is that your Grandma has signed the agreement papers without having the legal authority to do so. You need to get a copy of the translated agreement to understand what exactly she has signed. You need to create a GPA that gives her the legal authority that she needed. You need to consult a lawyer on how to do that. You can always tell the buyer that you had given GPA to your grandmonther to sign on your behalf(there is no need to show a copy of the GPA and only if needed you can say that you lost the GPA). She is not cheating the buyer as it was done with your understanding and you are standing by the agreement. So the buyer cannot claim to have been cheated by your Grandmother. GPA is a legal document that formalizes the intent of giving legal power to your grandmother.
2.Since there are 2 pahanis, there will be 2 sketches for the land in question with the revenue department. You can ask the buyer to buy the 2.3 acres of land and hold the payment for the 12 cents until the mortgage is released.
3. The buyer at his expense needs to get the survey done as it is he who is doubting the area of the land offered. You can ask him to get it done and let you know if there is less land than shown in the papers. Then you can get a joint survey done. This may change if in the agreement, you have agreed to get a survey done.
4. You be adament and tell the buyer, if he does not get the land registered within 3 months, you will cancel the agreement as you do not intend to sell the land anymore and you have arranged the funds needed somewhere else. Once the 3 months is over, you need to give a legal notice terminating the contract as he has not got the property registered.
5. Lastly but not the least, how is the village dynamics? Is your grandmother alone? is the buyer from the same village? Can your grandma face them? or has other relatives who come to her rescue. Lot of things depend on the local environment in the village, caste plays a big role.
entered into Agreement but troubles going for Registration
Re: entered into Agreement but troubles going for Registrati
tvsh sir,
yeah I know that you are not a lawer, I will consult a lawer I get the agreement copy from the buyer, thank you for helping me and for your time.
I already paid Rs.5,000/- to the mediator for survey to be done by government official, I gave the money to the mediator and the buyer too knows it. The mediator says that for the survey to be done we have to show the original registered document that I have to show the surveyor at the time/date of survey, I don't have anybody in the village whom I could trust and put my original papers in their hands, if somebody simply smiles and tears off my original land documents I will be in great trouble. This is the problem.
Yesterday I asked the mediator to send a copy of the Agreement to me at the earliest possible, but they are saying no no, they will not be able to send. Mediator is saying there isn't a lot written in the agreement, just that if I wish to backoff from the agreement I have to pay 2 lakh rupees and if the buyer backs off from the agreement I could keep the 1 Lakh rupees that he paid in advance. Still I insisted him to send the agreement copy so that I could know what is written in it. The mediator cut the phone call in the conversation disrespectfully.
One of the major problem why I want to sell of the land is the people living there are my relatives only but they are very money minded and not good in character, they are mostly cheaters and people with no values, we can't depend on them, they will talk if they think they will get some money from us otherwise they will not even bother.
My grandmother lives alone in that village but we have support from our uncles, my mother's brothers, but my uncles live in erode and coyambatore.
I am am a genuine person, I don't want to trouble others, but people are trying to take advantage of my goodness.
yeah I know that you are not a lawer, I will consult a lawer I get the agreement copy from the buyer, thank you for helping me and for your time.
I already paid Rs.5,000/- to the mediator for survey to be done by government official, I gave the money to the mediator and the buyer too knows it. The mediator says that for the survey to be done we have to show the original registered document that I have to show the surveyor at the time/date of survey, I don't have anybody in the village whom I could trust and put my original papers in their hands, if somebody simply smiles and tears off my original land documents I will be in great trouble. This is the problem.
Yesterday I asked the mediator to send a copy of the Agreement to me at the earliest possible, but they are saying no no, they will not be able to send. Mediator is saying there isn't a lot written in the agreement, just that if I wish to backoff from the agreement I have to pay 2 lakh rupees and if the buyer backs off from the agreement I could keep the 1 Lakh rupees that he paid in advance. Still I insisted him to send the agreement copy so that I could know what is written in it. The mediator cut the phone call in the conversation disrespectfully.
One of the major problem why I want to sell of the land is the people living there are my relatives only but they are very money minded and not good in character, they are mostly cheaters and people with no values, we can't depend on them, they will talk if they think they will get some money from us otherwise they will not even bother.
My grandmother lives alone in that village but we have support from our uncles, my mother's brothers, but my uncles live in erode and coyambatore.
I am am a genuine person, I don't want to trouble others, but people are trying to take advantage of my goodness.
Re: entered into Agreement but troubles going for Registrati
unfortunately we live in a world where goodness is respected only when it comes with a big stick. You need to be firm when you are dealing with these folks. Wish you good luck.
Re: entered into Agreement but troubles going for Registrati
tvsh sir
The mediator is saying that he can't send the xerox copy of the agreement paper.
What could I possible do if he doesn't send the agreement copy at all?
Anyways I still have the 1 lakh rupees with me that they paid.
The mediator is saying that he can't send the xerox copy of the agreement paper.
What could I possible do if he doesn't send the agreement copy at all?
Anyways I still have the 1 lakh rupees with me that they paid.
Re: entered into Agreement but troubles going for Registrati
Once a reseller (one of the shady characters in RE in BLR) entered into an agreement for a site in BLR. I am in Mysuru and he left saying he would get a copy made and bring it back. But went back to BLR without giving me a copy. When asked he said he had some emergency and would send it by courier in a day or 2. Days passed and there was no sign of the copy of the agreement. I called the broker who made the deal and told him that this is not the way to do any deal and If I did not have the copy by the end of the day, the deal is off. I told him that he can cancel the agreement and collect his advance or he can go to court and I am ready to fight it out in the court. I had the copy of the agreement faxed the same day. So one has to be firm in dealing with these folks. No one wants trouble and unless you are ready to give them trouble, you cannot avoid being troubled.
So If I were you, I would call the mediator and tell him that the deal is off as they called you for registration and did not do the registration. You have proof for it and am willing to prove it in the courts if needed. Ask him to come with the buyer and the original agreement to collect the money and if they come, collect the agreement, tell them that you need to translate the agreement and will call them with the cancellation agreement to settle. Once you have the agreement, you can consult the lawyer and take the appropriate steps.
Never give him any original documents. The surveyor does not need the original documents at all. He has access to everything he needs at the revenue dept and survey dept. Even private surveyors in Karnataka work as contractors for gov't and have access to all the docs. They do not need the sale deeds at all. All they need is sketches of the individual plots and schedule ( chekbandi) to give notices to the neighbors.
You mentioned the reason you are selling is that the land is with your relatives and are money minded. As long as you have possession of the land you should be fine. The trouble from you relatives is probably far less than the shady mediator and the buyer you have entered into an agreement.
So If I were you, I would call the mediator and tell him that the deal is off as they called you for registration and did not do the registration. You have proof for it and am willing to prove it in the courts if needed. Ask him to come with the buyer and the original agreement to collect the money and if they come, collect the agreement, tell them that you need to translate the agreement and will call them with the cancellation agreement to settle. Once you have the agreement, you can consult the lawyer and take the appropriate steps.
Never give him any original documents. The surveyor does not need the original documents at all. He has access to everything he needs at the revenue dept and survey dept. Even private surveyors in Karnataka work as contractors for gov't and have access to all the docs. They do not need the sale deeds at all. All they need is sketches of the individual plots and schedule ( chekbandi) to give notices to the neighbors.
You mentioned the reason you are selling is that the land is with your relatives and are money minded. As long as you have possession of the land you should be fine. The trouble from you relatives is probably far less than the shady mediator and the buyer you have entered into an agreement.
Re: entered into Agreement but troubles going for Registrati
tvsh sir,
Thank you very much for the detailed explanation.
From now onwards, as you said, I will be very stubborn with the Mediator and Buyer.
Thank you very much for providing me the knowledge sir.
They paid me advance on December 11, 2012, I already utilized the money that they paid as advance for my personal needs, It's hard for me to repay them back now after such a long gap. I am ready to sell them the land.
We informed the mediator clearly that he has to send me a copy of the agreement for that he is disconnecting the calls and speaking harshly about why I need the agreement copy and he will not send. I already informed the mediator about sending me the xerox copy of agreement twice over phone, for now I think it is good for me to stay Silent and wait for the buyer or mediator to get back to me.
If they get back to me they will listen to me rather than disconnecting my calls in the middle.
As the surveyor doesn't need the original sale deed to be presented at the time/date of survey, I do not have any obligation to be present in the village again with my original documents(sale deed). As I already visited the village once and have all the bus tickets to prove the same. I will remain silent until either they get back to me or until the 3 months agreement period elapses.
From then I will start searching for the new buyer.
The land and sale deed are in my possession only, my relatives living in that village aren't good natured they are money minded.
Sir you said
"All they need is sketches of the individual plots and schedule ( chekbandi) to give notices to the neighbors"
I don't have to provide any sketches and schedule to the surveyor right. And that the surveyor obtains all this from his own survey office or registration department.
Thank you once again very much, I really appreciate your guidance and help, otherwise I would have suffered a lot and would have put my grandmother and mother in suffering too unknowing due to lack of knowledge.
I appreicate your time.
Thank you very much for the detailed explanation.
From now onwards, as you said, I will be very stubborn with the Mediator and Buyer.
Thank you very much for providing me the knowledge sir.
They paid me advance on December 11, 2012, I already utilized the money that they paid as advance for my personal needs, It's hard for me to repay them back now after such a long gap. I am ready to sell them the land.
We informed the mediator clearly that he has to send me a copy of the agreement for that he is disconnecting the calls and speaking harshly about why I need the agreement copy and he will not send. I already informed the mediator about sending me the xerox copy of agreement twice over phone, for now I think it is good for me to stay Silent and wait for the buyer or mediator to get back to me.
If they get back to me they will listen to me rather than disconnecting my calls in the middle.
As the surveyor doesn't need the original sale deed to be presented at the time/date of survey, I do not have any obligation to be present in the village again with my original documents(sale deed). As I already visited the village once and have all the bus tickets to prove the same. I will remain silent until either they get back to me or until the 3 months agreement period elapses.
From then I will start searching for the new buyer.
The land and sale deed are in my possession only, my relatives living in that village aren't good natured they are money minded.
Sir you said
"All they need is sketches of the individual plots and schedule ( chekbandi) to give notices to the neighbors"
I don't have to provide any sketches and schedule to the surveyor right. And that the surveyor obtains all this from his own survey office or registration department.
Thank you once again very much, I really appreciate your guidance and help, otherwise I would have suffered a lot and would have put my grandmother and mother in suffering too unknowing due to lack of knowledge.
I appreicate your time.
Re: entered into Agreement but troubles going for Registrati
There is no need to disclose that you are not having the money to pay them back. You just have to say you are ready to pay them back. That will soften them.ramashome wrote:
They paid me advance on December 11, 2012, I already utilized the money that they paid as advance for my personal needs, It's hard for me to repay them back now after such a long gap. I am ready to sell them the land.
The mediator ( I assume is a broker) and the buyer are taking you for a ride. Tell the mediator to get the deal done according to your terms or else you will reduce the brokerage.
We informed the mediator clearly that he has to send me a copy of the agreement for that he is disconnecting the calls and speaking harshly about why I need the agreement copy and he will not send. I already informed the mediator about sending me the xerox copy of agreement twice over phone, for now I think it is good for me to stay Silent and wait for the buyer or mediator to get back to me.
If they get back to me they will listen to me rather than disconnecting my calls in the middle.
I do not know the practise in TN. In and around mysuru, the surveyor brings the copy of the sketches he needs to do the survey.
As the surveyor doesn't need the original sale deed to be presented at the time/date of survey, I do not have any obligation to be present in the village again with my original documents(sale deed). As I already visited the village once and have all the bus tickets to prove the same. I will remain silent until either they get back to me or until the 3 months agreement period elapses.
From then I will start searching for the new buyer.
The land and sale deed are in my possession only, my relatives living in that village aren't good natured they are money minded.
Sir you said
"All they need is sketches of the individual plots and schedule ( chekbandi) to give notices to the neighbors"
I don't have to provide any sketches and schedule to the surveyor right. And that the surveyor obtains all this from his own survey office or registration department.
Thank you once again very much, I really appreciate your guidance and help, otherwise I would have suffered a lot and would have put my grandmother and mother in suffering too unknowing due to lack of knowledge.
I appreicate your time.
Re: entered into Agreement but troubles going for Registrati
Thank you very much sir.
Either ways I only have a original Sale deed with me, which as you said need not be produced to the surveyor at the time/date of survey. I will stick on to this.
I don't have the sketches of the individual plots and schedule with me, as the mediator has taken initiative of getting the survey done and that he has collected Rs.5,000/- from me a month ago for the same, I think the mediator shall look into it.
Thank you very much sir
Either ways I only have a original Sale deed with me, which as you said need not be produced to the surveyor at the time/date of survey. I will stick on to this.
I don't have the sketches of the individual plots and schedule with me, as the mediator has taken initiative of getting the survey done and that he has collected Rs.5,000/- from me a month ago for the same, I think the mediator shall look into it.
Thank you very much sir