My friend entered into agreement of sale for agri land 3.75 ac and paid part consideration The agreement deed was not registered He came to know that one of co owners of property(son) executed GPA(unregd) and the GPA holder sold part of land(2.5 ac) it to someone else through sale deed We are in dilemma
My friend entered into agreement of sale for agri land 3.75 ac and paid part consideration The agreement deed was not registered He came to know that one of co owners of property(son) executed GPA(unregd) and the GPA holder sold part of land(2.5 ac) it to someone else through sale deed We are in dilemma whether to buy remaining 1.25 ac or ask back our money.. Kindly advise
How can anyone here know all the details needed to give you an answer?
I doubt you would get your money back. I don't think you are entitled to it. You should have done the due diligence yourself if you planned on not hiring a lawyer to do it for you. We cannot make your decision for you. Do you want the remaining 1.25 acres or not? It is a good size property but, does it meet your needs?
By becoming involved in this type of dealings, you are opening up a whole
can of worms. So to speak. You would never own land that part had not been
registered at the county registry offices and have possession of the title deed.
Hopefully, your money can be refunded. Never get into realty dealings without
your own lawyer.
Disclaimer: I am not an attorney so my answer should not be taken as legal advice. The buyer was under the impression and probably were told they were buying 3.75 ac of land. The seller was under the impression that he owned and was able to all 3.75 ac. The buyer should be able to cancel the deal and get their money back. If the money is held in an escrow account not under the seller's control, getting their money back would be easy. If the money was paid directly to the seller, getting it back might be impossible if that money has been spent.
I would think that if the GPA wasn't registered, then it doesn't exist and the son didn't have the right to sell that property. That becomes a legal issue.
As for buying the 1.25 ac, that's going to be a personal decision based upon easements and how important is it that 2.5 ac to the buyer and their plans and maybe some other factors. Does the buyer have an easement to access their 1.25 ac? Is the buyer required to provide an easement so that the other owner can access their 2.5 ac? Easements can in come cases seriously impact plans for land use.