LAW BOOK

HT Estates - - NEWS - Su­nil Tyagi

I am plan­ning to buy a newly con­structed prop­erty, the owner of which had ear­lier ex­e­cuted a reg­is­tered agree­ment to sell with an­other buyer. How­ever, the trans­ac­tion be­tween the owner and the pre­vi­ous buyer did not ma­te­ri­alise into a sale deed. What pre­cau­tions should I take be­fore pur­chas­ing this prop­erty?

—Jatin Bha­tia You may in­spect the can­cel­la­tion deed ex­e­cuted by the owner with the pre­vi­ous prospec­tive buyer. The clauses of the can­cel­la­tion deed must clearly and un­am­bigu­ously state that the agree­ment to sell pre­vi­ously ex­e­cuted by the par­ties now stands can­celled. Also, you must en­sure that this can­cel­la­tion deed has been duly reg­is­tered at the of­fice of the sub-regis­trar in whose ju­ris­dic­tion this prop­erty is sit­u­ated. Can I ap­point more than one per­son as an ex­ecu­tor un­der my will? Can th­ese ex­ecu­tors also si­mul­ta­ne­ously be ben­e­fi­cia­ries in the same will?

—Me­hak Singla Yes, it is per­mis­si­ble for a tes­ta­tor (per­son mak­ing a will) to ap­point more than one ex­ecu­tor (that is, joint ex­ecu­tors) un­der a will. Sec­ond, un­der the In­dian Suc­ces­sion Act, a per­son who has been named as a ben­e­fi­ciary un­der a will can also be validly named as an ex­ecu­tor/joint ex­ecu­tor in the same will. De­spite hav­ing pur­chased a large por­tion of a plot from its buyer (ap­prox­i­mately 75% of the to­tal plot area), the buyer is re­fus­ing to hand over the chain of pre­vi­ous ti­tle doc­u­ments to me. Is he en­ti­tled to refuse?

—Chain Singh Even though you are now the owner of a larger por­tion of the plot, given that the seller con­tin­ues to own the re­main­ing por­tion of this plot, the seller is en­ti­tled to re­tain the chain of pre­vi­ous ti­tle doc­u­ments of the en­tire plot.

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