• Seller willingly not coming for registry of registered agreement

Sir, my maternal uncle borrowed 12 lac from me and for that he made registered agreement of his farm land in 13 lac for 1 year. He promise me that he will return my money in few months , when I asked the same after one year he asked for more time and get 6 month extension on agreement . In these six months I asked him so many time when u will return my money he always say I will return in few months . So I send notice through registered post and show my attendance in registrar office . Now he is refusing to registry and threaten me to to kill. I am very much frustrated . Kindly suggest me what can I do.??
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

1. It seems that an agreement to sell was made in your favour, but it has not been honoured.

2. Since you have already sent him a legal notice to honour the agreement you can now file a civil suit for specific performance to compel him to execute the sale deed in your favour.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Also lodge a complaint under section 506 IPC for criminal intimidation if he has threatened to kill you.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1.If there is an agreement for sale in writing then you have legal remedy.

2.On the basis of the said agreement you can file a suit for specific performance of contract .

3.Before filing the suit send him a legal notice seeking your demand to get the land registered.

4.in the suit the court would allow you to get the land registered in your name.if not then also you will get back money with penal interest.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

file suit for specific performance as your uncle has refused to execute registered sale deed in your favour

2) also file police complaint of criminal intimidation under section 506 of IPC as your uncle has threatened to kill you

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Engage a Local lawyer

2) he will draft a and file suit for specific performance

3) suit may take 10 years to be disposed of

4) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Engage an advocate .He will do the needful to file the suit.The costs of the suit varies with advocate to advocate.it takes around 3-5 years.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

You should immediately file a suit for specific performance.

If he indulges in illegal and threatening activities then you may lodge a criminal complaint against him with the police, he will become alright.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You have to file a suit pleading your grievances and seek relief including alternate relief for refund of your money with interest.

The court fees and lawyer fer may be enquired locally.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Hello,

Also along with the suit you can file a FIR before the police authorities and if by any means the authorities refuses to register an FIR you can file an application u/s 156(3) before the magistrate. In this way you can create a pressure on him both through civil and criminal proceedings.

You will have to hire a lawyer to file a suit and the procedure will be told by him only as it is a tedious process, fee will also vary from lawyer to lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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