The real estate agent sold my residential land to Mr. C at a price higher (75 lakh) than the one he negotiated (70 lakh) with me on 01/08/2021. When I objected, he told me that he sold the plot to Mr. A at 70 Lakh and A sold to B at higher price and then B to sold to C at some margins. He did not make Agreement to sell with either party. He made the funds 9.70 lakh transferred to my account from Mr. C
The plot is allotted by Yamuna Expressway Industrial Development authority (YEIDA). The procedure for sale includes (1) transfer of plot by the YEIDA (2) registration of sale deed at Registrar office.
On sept 09, he got signed docs including agreement to sell for Rs. 55.25 lakh between me and C, paid me diff in cash (Rs. 70 – 55.25) and kept remaining cash (Rs. 75 – 70) in cash with him. The docs submitted to YEIDA for transfer in their records. I didn’t know about the sale at higher price to C till the docs for transfer were signed and submitted to YIEDA.
YIEDA has issued the transfer letter valid for 6 months, by then the sale deed is to be registered else, transfer will be void.
(a) Can I say I am supposed to transfer the plot to Mr. A and transfer made to Mr. C is null and void.
(b) Can A and B be liable for payment of stamp duty on purchase of property without any agreement in place, based on phone recording confirming sale to Mr. A and B by the property agent.
(c) Can property agent be held liable for not offering the entire consideration to me at which the property is sold to C and cheating with me by creating false buyer A and B.
A.Dear Client,
To form an opinion, you must examine the evidence in your favour, as well as the Sale Agreement signed between you and C. Legal action cannot be proposed until and unless you have some form of phone recording in support of your claim regarding buyers A and B in this case.
Thank you!
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion,it is necessary to scrutinize the evidences in your support as well as the Sale Agreement executed between you and C. Until and unless what sort of phone recording you have in support of your contention regarding buyer A and B in this context, legal remedy cannot be suggested.
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