The document says that we (buyer) has to pay the amount within 3 month after the deed. This is going to be in next week. He is not registering the land by giving some false reason and date is going to expire.we have already paid the 80 percent of the amount.
1) send notice to seller by speed post that you are willing to pay balance 20 per cent at time of registration of sale deed
2) request seller to fix date and time for registration
3) if he fails to do so file suit for specific performance of the contract
Wait til the date for execution of sale deed expired as per the agreement.
On expiry of the date for sale, send a legal notice to execute sale deed within 10 days on the receipt of legal notice by receiving the balance sale consideration as per the clauses of agreement.
If on the expiry of 10 days on receipt of notice if the seller shows no interest to perform his part of the contract under the agreement, file a suit for specific performance of the sale agreement.
The land which we are buying is from the person who has the name on every bill of the land. Now got to know that he has already divided the land given the land to his son through panchnama. But All the raseed of the land has his father's name from whom we are buying. What should we do.? Already paid more than half of amount
Dear Client,
Whether document registered or unregistered,
On the expiry of above said period, if he do not complied with the terms of deed,
Fill for suit of specific performance.
Further may be advisable on perusal of deed.
Issue legal notice to seller as advised herein above
2) if seller is willing to refund your money accept the offer
Hi sir , it is advisable to file a civil suit for specific performance.. Before filing of civil suit also Register a FIR against him under section 420 for cheating and dishonestly transfering the land in the name of his son ..
Send him a legal notice asking for execution of the deed of conveyance.
if he does not reply then on expiry of the stipulated time file a civil suit for specific performance of contract and injunction so the land agree to be sold to you is not transferred to any third party stranger.
In the suit the court at its discretion either direct the seller to make the sale deed od ask him to return money with interest.
You may file a suit for specific performance of contract. Before that you may ask the seller to fix some specific time for registration and may tell him that the balance amount will be paid at the time of registration.
Regards
You may send a legal and notice and if the other party is willing to refund the money then go for the same.
Regards
File a suit for specific performance and seek enforcement of the agreement to sale.
Go ahead file suit for specific performance of contract.
1. If as per the sale agreement the seller is supposed to register the property with in 3 months and take the balance amount at the time of registration, then send him a legal notice asking him to register the deed within next 1 week.
2. If he fails to register it with in next 1 week, file a complaint case before the local District Consumer dispute Redressal forum against the seller alleging deficiency in service and unfair business practice claiming direction upon him to complete immediale registration or refund of the amount paid with interest thereupon , damage and cost.
3. It is a god case to win.
1./ Lodge a police complaint against him for cheating you.
2. Thereafter file the consumer case as has been advised in my earlier post at the earliest.
Dear User,
Based on information shared through your post our suggestion is:
In line with the terms and conditions of your Agreement invoke the relevant clause and OFFER to pay the balance 20% of sale consideration and request him to complete the formalities. (DO NOT PAY - JUST OFFER - IT IS A LEGAL REQUIREMENT TO SHOW YOUR BONAFIEDS. FURTHER HAVE PROOF OF SAID 20% SALE CONSIDERATION IN YOUR HAND ON EVEN DATE.)
Caution:
You should perform your part of contract of paying the entire sale consideration as agreed.
If you show your readiness and willingness to perform your part of contractual obligation i.e., inform him about the same before the expiry of your agreed term of three months.
Keep a record of postal receipt, acknowledgement and a copy of your request.
Send your request through RPAD & A STANDARD COURIER SERVICE.
PS: If you perform your aforesaid contractual obligations, upon expiry of agreed term, you can approach court of law for addressing your grievance.
With regard to your second query, if at the time of your Agreement your proposed seller is the owner then subsequent transactions / changes will attract criminal proceedings. Therefore, no need to panic.
As far as division and giving of land to his son is concerned, if it is done through proper channel i.e, Registration etc., he shall be liable to answer both civil and criminal proceedings by you. Now onwards, keep record of all the material proofs in documentary form ……….
Good Luck.
Respected sir ..
If he is not giving you possession of that law you can file a complaint.... If possession is not delivered on time, a purchaser can send a notice to the builder, claiming the refund of the amounts paid along with interest and/or damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder,...
You need not to worry about succession of that land you will be given the said laid which is mention in deed...
Thanku
give a legal notice with draft copy of deed of conveyance for registration mentioning the terms of agreement. if the seller remain sat tight over the matter, file a suit for specific performance to get refund of money with interest.
You have to issue him a legal notice expressing your readiness and willingness to perform your part of contract to get the sale deed registered by paying the balance of sale consideration amount and inform him that he should inform his convenient date and time for executing the registered sale deed in your favor after receiving the balance sale consideration amount.
After that also, if the seller is not coming forward to executing the sale deed, you may approach court with a suit for specific performance of contract to enforce the sale agreement.
The land which we are buying is from the person who has the name on every bill of the land. Now got to know that he has already divided the land given the land to his son through panchnama. But All the raseed of the land has his father's name from whom we are buying. What should we do.? Already paid more than half of amount
You have to file a suit for specific performance of contract agaisnt the person who has executed the sale agreement in your favor.
Let him appear before the court and explain the correct legal position and arrange to refund the amount received with interest if he is not the actual owner.
Subsequently you can lodge a criminal complaint against him for the offences of cheating and breach of trust etc.