Legal Question in Civil Rights Law in India

Dear sir, i am a builder and i was enter in to collaboration agreement with land lord and land lord female person and she could not do signature and do thumb impression on documents with the wittiness of her son and daughter in law and neighbors . when we enter in to collaboration agreement then that property under lease from l&do and our work start for conversion of free hold from that department but suddenly some letter show in the l&DO land lord taken permit ion for loan on the property from sbi bank and we search in bank then there was very heavy amount stand in the name of land lord as guarantee then i ask from land lord for that loan then they tell us and they tell me for pay that amount on the behalf of collaboration agreement consideration balance amount with the condition that after free hold conversion by builder they can transfer sale deed in the favor of builder against the full and final consideration amount but after free hold done , and i was pay from my account in shape of DD but land lord denies for execution of sale deed in favor of builder but she said that she can do sale deed when structure stand up to five floor , Is it risky for me or safe because i had un registered notary attested file sign of my share out of whole property with the possession letter and also original conveyance deed converted from free hold .


Asked on 8/11/13, 8:36 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In the given situation, an appropriate opinion should be offered only after studying the entire file. You may consider engaging a local lawyer and show him your documents.

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Answered on 8/11/13, 9:01 pm
Fca Prashant Chavan Expert Edge LLP

12.08.2013

Dear Sir / Madam,

Yes, my very first impression is that it is risky to go ahead with the deal, and, if and only if, you have already started collecting booking amounts from prospective customers against sale of flats and you are already in the project, and you have the funds to repay the SBI loan taken by the landlord / landlady, you should ask the landlord / landlady to sign and execute the sale deed of the title of the land in your favour, and handover all original property documents / records to you. If you have not collected any booking amounts and you do not have the funds to repay the SBI loan, drop out of the entire deal, since it is not worth the risk.

Regards,

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Answered on 8/11/13, 11:20 pm


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