File appeal against order
2) take plea that time was essence of contract
3) that purchaser did not make payment within 4 months and hence sale deed was not registered in favour of purchaser
Can property owner refuse to register the property after agreement if he don't want to register
This is regarding a my house property, 30 years before my parents have decided to sell out one property, for that he made a sale dead agreement with the buyer mentioning that currently he will be paying 10000 rupee as a token money & balance Rs 65000 will be given at the time of registery with a time period of 04 months but after 04 months he didn't came for purchasing that property ,in the meantime i.e. in between 04 month he issued a court notice that we (property owner)are refusing to register the property.After 04 month we have issued a notice that as buyer didn't came for registery then that sale deed agreement would be discarded. Now from the last 30 years the case is still going on in lower court & now court have given decision in the favor of buyer that to register the property in the buyer name. Secondly court has given order to measure all the property dimensions before having register. Now i would like to have your suggestion that how to discard this case or win that case.As right now that property cost is approx 2 Cr. What are options I have? Please do guide me.
Asked 8 years ago in Property Law
Religion: Hindu
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10 Answers
1) As of now go for appeal in the High Court and get stay on property registered. You can ask that property valuation will be charged of today's value for registration than our sale price will also charge according today's ready reckner price.
In a suit for specific performance, the readiness and willingness as per S.16, the plaintiff must aver performance of and readiness and willingness to perform the contract according to its true construction. Moreover, as the property value has appreciated to 2Cr, the plaintiff has to make good the loss by paying the rate as per the market value and failure of which shall disentitle him to get a suit decreed in his favour. SC judgments stands testimony to such cases. You can challenge.
You need to wait for the judgement in the said case of the lower court of the same is not feasible to you you can appeal in the said matter to appellate court. Other method is settlement in the said case.
If you are aggrieved over the judgment, then you may have to prefer an appeal against the erroneous judgment.
It is not known that what was the reason the court has decreed the case in the favor of your opponent, you may discuss with your advocate on further issues and appeal.
Hello
If the case has been decided finally wherein the order has been passed in favor of the buyer then you will have to file an appeal and challenge the said order.
Contact a local lawyer with the copy of the order and all the other documents who may draft and file the appeal for you.
Press for interim relief to the effect that the operation of the lower court be stayed till final disposal of the appeal.
Regards
provide case documents, than only precise can be advised.
Refer above query The property is on my great grandmother name, she didn't make WILL & she died. At the time of sale agreement i.e. year 1988 me & my brother was not born. Now my questions is could we can make appeal in court for our share,if yes please guide. As already in year 1988 sale deed was being signed by my father /my grandmother & my uncle for selling the property. As per above happening (mentioned above already) buyer filed a specific performance & recently court has given order in favor of buyer to have registry by paying a court registration fees of Rs 25 lakh. Please suggest me is there any solution to get my share before court registration/registry.
Asked 8 years ago
you dont have any share in property
2) it is not ancestral property
3) if your grand mother , your father and uncle had agreed to sell the property terms of agreement would be binding upon them
In your case since your father grandmother and uncle has signed agreement as such you have no right on claiming that sale agreement was void or illegal. If you claim share you need to prove property was ancestral or that your grand Mother got it from your grandfather without any gift/will.
The property never belonged to you nor you are aware of the law, because the unborn children are not entitled to the property which was sold even before their birth.