Regarding unregistered property Regarding unregistered property

4 months ago

The plaintiffs went to court with exchange deed which was unregistered and not admissable in court.Their property is mortgaged and not told to the defendents.The lawyers are not forthcoming.The final date is in January.

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear client,
As an exchange deed must be registered to have legal validity, participants must pay stamp duty and fee at the time of the registration of the deed. Rates of stamp duty vary from state-to-state. Failure to disclose occurs when a home seller deliberately withholds or conceals material facts about the property from the buyer. A material fact in real estate refers to any information that could significantly impact the buyer's decision to purchase the property or affect its value. If the seller fails to disclose a known concern with the property, the buyer may be entitled to sue for damages. This can include the cost of repairs, the cost of any legal expenses required, and even the cost of any lost value of the property owing to the issue. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear Client,
In the scenario where the plaintiffs have presented an unregistered exchange deed that may not be admissible in court and have not disclosed the mortgage on the property, it's crucial to address these issues promptly. First, communicate openly with your lawyers about your concerns, urging them to provide transparent and comprehensive information. Seek clarification on the admissibility of the exchange deed and inquire about the implications of the undisclosed mortgage on the case.
If you are dissatisfied with your legal representation, consider consulting with another legal professional for a second opinion. An experienced property lawyer can assess the situation, advise you on the potential consequences, and guide you on the best course of action.
Additionally, make sure to gather any evidence or documents that could support your case and refute the validity of the unregistered exchange deed. This might include records related to the property, communication with the plaintiffs, or any other relevant documents.
If the final court date is approaching in January, prioritize preparing a strong legal defense with the assistance of a lawyer who is transparent and communicative. Request a thorough explanation of the legal strategy, potential challenges, and any available options to address the issues raised.
It's essential to act promptly to address these concerns before the final court date. Clear communication with your legal team, gathering evidence, and seeking a second opinion can contribute to a more informed and prepared defense in court.
Thankyou
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Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
Try to get it register by paying stamp duty and penalty. Unregistered documents are not admissible and you may not get any benefit out of it. Otherwise lodge a complaint with Police.
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