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UMy father signed a property agreement to buy one and paid 20L without reading the original property papers. He was ill and in haste and made these unforgivable mistakes.
Now the thing is the property that he is buying is on lease of 99 years. The first lessee is selling it, 55 years are left of the lease period and there’s no registry for a leasehold property. He did not mention to us before that it’s a leasehold property, it has a baynama for the patta not a registry. We liked the house so much, we were really happy. The day we were signing the agreement, we and the lawyer saw the documents for the first time and he said that there’s no discrepancy in the baynama and patta was mentioned for the first time in front of us for which the lawyer said there’s no problem in it. We were in a hurry and signed the agreement and paid some money on the day of the agreement and some the next day, total 20L.
The seller first agreed to sell the plot for let’s say X. We couldn’t seal the deal the same day. Next time my father talked to him he said now the amount is X+5 lacs. My father still agreed for X+5 lacs as we were happy after seeing the house. We have always wanted to buy a house. And the seller has been living there for almost 30 years and said has all documents ready. We believed him and did not verify the documents. We were under the impression that if the deal gets delayed, we’ll lose the wonderful house. And in this hurry, right before the agreement we got to know about the patta/lease and even then without any second thought went for it. Now that we are paying attention to things, everything feels wrong. The road mentioned in the seller’s documents is not the same direction as in real. Also the seller’s name in the record available online is not same to which he said he’ll get it corrected.
What should we do to get out of the deal and also get our money back? -
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RLawyer here.
if the purchase was through a registered deed, then it will be presumed that the seller and the buyer had knowledge of all the terms and conditions of the deed. After executing the agreement and signing it, you cannot say that you didn’t know about the property’s particulars. Before the registration, even the Registrar will ask the purchaser whether he has read through the agreement and understood its terms and conditions. You cannot say otherwise now.
If the property has been sold to you by the seller by exercising fraud upon you, your remedy is to file a civil suit against the seller and make the agreement voidable. You can ask for the amount to be returned to you. For this, you will have to file a civil suit which will go on for years and maybe decades.
And no, you cannot go to the police station and register an FIR. This is not a criminal case and the police will not interfere. You will have to invoke the jurisdiction of a Civil Court and file a civil suit.
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UIf we go through with the purchase, do we need to contact the original lawyer? When do we need to contact the original lawyer? Will we need the current seller in future after the purchase is done?
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