• Land divided and sold to multiple buyers

Hi,

A 450 sq yard land is sold to 2 buyers in this way, 300 sq yard to buyer1 and 150sq yard to buyer2.

Now according to law, who should get the original copies of link documents from the seller and who will have the certified copies of the same. What is the usual resolution in such cases.
Asked 2 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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15 Answers

Original documents can be with one purchaser and other purchaser would have certified copies of link documents 

 

2) buyer who has originals will offer originals for inspection whenever called for 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

One should get origional and second should get certified copies. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Buyer retains the original copy of sale deed
In the case of multiple buyers, a primary buyer should be chosen among the multiple buyers. Buyers should execute an affidavit that representing 1 among all the buyer.

An affidavit must be notarized by notary public.

For example:

Buyer 1, buyer 2, and buyer 3 represent buyer 1 as primary buyer. So all the buyers execute an affidavit that buyer 1 represents all the buyers. Therefore buyer 1 is responsible to complete the further course of formalities like Khata transfer, name change in electricity board, and water board. Therefore buyer 1 name reflects in utility bills

Buyer 1 holds the original sale deed and others can retain the certified copy.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Both can’t get the same as one will only get certified copy. The said land of sold to 2 persons need to have this hassle 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,  

In this scenario, the division of the land into two portions of 300 sq yards and 150 sq yards indicates that there are two separate buyers involved. The distribution of the original copies and certified copies of the link documents may vary depending on the agreement between the parties involved and the customary practices in the jurisdiction where the transaction takes place. However, here is a general understanding:

Original Copies of Link Documents: Typically, the original copies of link documents, such as the title deed, previous sale deeds, and other relevant documents establishing the chain of ownership, are handed over to the buyer who purchases the larger portion of the land, in this case, buyer1 with 300 sq yards. The larger portion is often deemed more significant and thus granted the original copies.

Certified Copies of Link Documents: The buyer who purchases the smaller portion of the land, buyer2 with 150 sq yards, usually receives certified copies of the link documents. These certified copies serve as evidence of ownership and provide necessary information about the history of the land's ownership.

It's important to note that the actual distribution of the documents can be influenced by the agreement between the parties involved or specific circumstances surrounding the transaction. It is advisable to consult with a real estate lawyer or legal professional to ensure compliance with local laws and regulations and to clarify the specific terms and conditions of the land sale agreement.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Both entitle to originals. Only option available that the one party get certified copies.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- The first buyer and the buyer purchased 300 sq. yard will get the original link document from the seller 

- The second buyer will have certified copy of the same dully issued from the office of the registrar. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

There is no such hard and fast rule or law governing your situation. If the buyer sells only a part of his/her holdings, he will not hand the original title-deed to any of the two buyers. If he sells the entire holding, a suitable narration needs to be made stating clearly which one of the buyers gets the original and which other the certified copy. As a matter of just and fairness, the buyer purchasing a larger portion should get the original. Engage a competent lawyer and obtain his/her written opinion on the seller's title first. 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Yes, such MOU can be made. Origionsl owner and both buyer dhoukd be made party to the MOU. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

If the fact of possession of the original with the other buyer is mentioned in the sale deed, there is no need for any MoU. 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

The buyers executing a notarized affidavit stating that the original document is held by one of the buyers will be sufficient for other buyers to sell the property with certified copy of original document. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes it will not impact 

yes it’s better to do mou

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It should not impact sale price if there is clause that original link documents would be available for inspection 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

If buyer 2 receives only certified copies of the relevant documents, it may have some impact on the sale prospects in the future. Original documents are generally preferred and considered more reliable during property transactions. Having only certified copies may raise concerns for potential buyers about the authenticity and genuineness of the documents.

 

To address this concern, it is advisable for buyer 1 and buyer 2 to enter into a Memorandum of Understanding (MOU) or agreement that outlines the rights and obligations regarding the original link document. The MOU can specify that in case of any future necessity, such as the sale of the 150 sq yard land by buyer 2, the party possessing the original link document should provide it to facilitate the transaction.

 

This agreement can help ensure transparency, clarity, and trust between the parties involved and mitigate potential disputes or complications in the future.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- A certified copy is admissible before the Court, and hence it will be accepted by the purchaser, 

- However, the second buyer should take an affidavit for the same after mentioning the reason of not having an original link document . 

- Yes, you can get an undertaking/MOU with the said conditions. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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