Joy Chakraborty
Asked October 21, 2016

Property dispute

  • 1 Answer

Dear Sir, My father was one of the tenants & in respect of development of the said premises entered into an agreement (through Notary/Notarial Certificate) with Constituted Attorney/Developer(1st part)interalia provided that he will be provided accommodation free of cost & transferring/Selling to others shall obtain written permission from the party of the 1st part. After my father died in 2006 all legal heirs(03) nominated me & my wife through Affidavit before the Executive magistrate 1st Class & original of the same also has been given to 1st party & receiving copy with us & then sale deed executed as full consideration money a sum of Rs. one lac only through Cheque & same also mentioned in deeds & our 03 legal heirs also signed the same deed & after wards I have mutated the property & sold the property through sale of deed to other's party & present owner also mutated the property, now as per "Advocate notice" that "That the said agreement interalia provided that said predecessor will be provided accommodation free of cost & you have transferred conveyed the self contained flat without the written consent of my client which is against the provision made in the agreement by your predecessor & my client is keeping reserve the preemptive right on the flat to get back the same in accordance with the clause stipulated in the Agreement." that is further stated that in order to comply the provision of the agreement it is necessary on your part to contact the constituted attorney of the owners within 15 days failing which my client will be constrained to sue against you all for upholding their right in the appropriate court of law." What can I do? Please help me. Thanking You, JOY CHAKRABORTY Mail: (M) : 9830254119

Answer 1

Sir, as you know the document that governs a sale transaction is called a sale deed. This sale deed is governed by the Registration Act 1908, which mandates all sale deeds must be entered into only with the knowledge of all concerned parties (which includes the 1st party in your case). In furtherance of this, you have duly informed the 1st party about the sale transaction and he, apart from taking due notice of it has also initiated relevant proceedings to confirm and acknowledge the deed. Though written consent was required by your agreement, (the binding nature of which can also be challenged) this act of the 1st party wherein he recognised the sale proves that he had knowledge and the act completing all formalities, like mutation, can be considered as consent in general which can be upheld in the court of law.

Apart from this if you have followed due procedure of registration of the deed i.e. signature before the Registrar of Stamps and Registration etc. then no problem will arise. However, it is recommended that you consult your attorney and send a reply in due time to avoid proceedings.

Agree Comment 1 Agree almost 5 years ago

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