file suit to recover balance payment as full amount not received by grand mother
also seek court orders to set aside sale of land by builder to third party
Sales did
My grandmother sale our land to 1 builder . In this sales did by mistake serve number was mentioned wrong . Builder was maimstioned total amount was paid to my grandmother but thr half amount was received remaining half amount till not received from builder .we rase complete in police 420 is standing in court . Now builder sold this land to third person .but our money not received.
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
1. In so far as the wrong survey number is concerned this can be resolved by executing a rectification deed.
2. You have already file a criminal complaint under sec.420, but a criminal case alone will not result in setting aside of the sale. You have to file a civil suit in the competent civil court to seek cancellation of the sale deed on the ground that the consideration has not been paid in entirety.
Hello,
1) The fact is that if the document(Sale Deed) says that your grandmother received the consideration in full, you will have difficulty succeeding in a court of law.
2) The criminal case in the court most often does not make much progress as the police may not have even filed the charge sheet until now.You need to follow up the case by attending the court on date and if needed speak to the Magistrate directly or take the help of a lawyer.
3) If the grand mother has sold and have received money, a civil case will not stand.Rigorously follow the criminal case and bring pressure on the builder.
You may pursue that application and get it decided, as there is no documentary evidence to this effect that only half of the amount has been received.
Regards
and in the alternative you can file a suit in the civil court for cancellation of the sale deed on the ground that the money in entirety has not been paid.
Regards
You can file a permanent injunction suit against the builder restraining him from further alienating or encumbering the property on the grounds of settlement of balance of sale consideration amount and also a money recovery suit, besides, an application seeking interim injunction on the same lines till the disposal of main suit as interim relief.
