Sale agreement

 

Please help me out:-

A party arrived to me for sale of a Goods vehicle.The Vehicle is under hypothecation of Tata Finance Ltd.The party was paying EMI of Rs.10000/- .A huge dues against above loan is due with Tata finance Ltd.Now he is unable to make the payment of the said EMI and wants to enter in a sale agreement with me for the sale of above vehicle on the condition that i will pay the future EMIs. 

Now the question is whether it is possible to enter into a sale aggrement with him? 

If answer to the above question is yes  then what is the proceddure? 

What communications or order are required from TATA finance Ltd ?

What are the risks involved if i enter into agreement without intimitading TATA finance Ltd and whether this agreement without NOC of Tata FInance limited is a valid agreement?

Replies (1)

Yes it may be  possible to enter into a contract of novation wherein the new buyer may be subrogated with the rights of original buyer.

There has to be a tripartite agreement between original buyer, new buyer and Tata Finance to that effect.

You cannot enter into such transaction without NOC from Tata Finance

 

 

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