If you have byanah only and the transfer is suppsoed to take place after three months, do you have legal right to sell house to third parrson? Or just sign another byanah with third person?
Aoa,
This is what most of the dealers do. There is nothing wrong with this process.The process is :
A dealer finds a bargain or some one who is desperate to sell. The deal is finalised and initial bayana is given to the seller by the property dealer.The transfer and final and full payment is set after (for example) 3 months time. In the mean time the dealer/buyer will look for another buyer with some profit on top and than the property can be transferred to the second buyer directly.
But is it legal?
Do law allow us to sign anther byanah if we dont have property transfered on our name?
If in agreement (eshtam paper), it is mentioned that the owner will transfer it to your name(buyer) or person designated by you. He is bound legally to do and you can sue it in civil court.
In reality you need not to tell owner if you hv sold or intended to transfer on other body as he has sold to you and he has to transfer to you or any body else. If dispute arose, then you should first transfer to your name to be safe side and as per agreement.
Dealers often deal in this fashion when found some thing profitable, they purchase themselve and sell to buyer and transfered directly to buyer's name. If time is lapsed and they not found suitable buyer, they got transfered to their name.
Does this clause says that this bayanah allow me to sell to third person? I have upload image at below link
Not legal by law if not all original documents of plot bayyana holder have , the case can be strong if u paid seller all amount and bound him to transfer in that time on proper bayyana paper stamp paper with tickets , if u paid little or done mischief courts give decision in owner’s favour always and u will loose more money
Completely illegal, short selling is punishable under law. Although almost every property agent cum investor is involved in such practice, it’s totally illegal without prior permission of seller. You may refer to PPC “Breach of Trust”.
As per property dealers even they may sue you on expired beyana documents, so it’s advised to notify him about such breach by proper notices served at his registered address.
Please check my relevant reply which I posted as last post of the below thread.