• Land captured

I have a land which I sold for 90 lakhs on terms to pay 30 lakh in Jan-15, 30 lakh in Feb-15 and 30 lakh in March-15 the party paid the first 30 lakhs in Jan-15 and took over the possession of the property now they are not giving money i.e. 60 lakhs is still pending to get. No agreement was made for the deal.

What should I do?
Asked 3 years ago in Property Law from Gorakhpur, Uttar Pradesh
1. I wonder how one can agree to sell the land without even written agreement.

2. Since there is no written agreement you can take plea of expiry of time without much difficult as though the verbal agreement is also valid , it often raises this type pf complications if disputes arises in future.

3. Send the buyer a legal notice repeating the terms of the verbal agreement and ask him to make the balance payment within 7 days in default of which you may mention to cancel the agreement and take possession.

4. DO not give him any extra time and keep continue the pressure on him.

5. To exert more pressure inform the local police and bring this to the notice of the buyer.
Devajyoti Barman
Advocate, Kolkata
13141 Answers
174 Consultations

5.0 on 5.0

1. Send a legal notice calling upon him to complete the payment and register the document. 
2. Warn of legal action in case of not complying with the terms of the deal and warn of forfeiture of the part payment made and cancellation of the deal. 
3. If he is not coming to sign the deal and make the payment immediately ,you should file a police complaint of trespass and ask him to vacate the land  till the finalizing of the deal with a  Registered agreement after the full payment
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1) how can you part with possession of land valued at nearly a crore without any written agreement ? 

2) it is your case that balance 60 lakhs is due and payable . 

3) issue legal notice to purchase r to pay balance amount within period of 15 days 

4) if he fails to make payment within 15 days cancel the agreement and forfeit advance money paid of rs 30 lakhs . 

5)file police complaint against the purchaser for trespass if he fails to hand over possession 

6) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
46737 Answers
2767 Consultations

5.0 on 5.0

1) It was quite unwise to have given possession of the land after receiving only 1/3 of the consideration without any written or registered agreement with the purchaser.

2) Issue a legal notice to the buyer to comply with payment of balance amount of 60 lakhs and come forward to register the Deed of Sale within 15 days or be prepared to forfeit the first instalment advanced and cancellation of the deal forthwith.

3) To mount further pressure file a police complaint about unauthorised occupation and trespass.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1.You have not yet sold the said property,

2. You have agreed to sell it and made verbal agreement ( I am not going to the question as to how such a valuable property can be agreed to be sold and/or given possession of without any written agreement),

3. You have not conveyed the title of the property which is still with you,

4. Issue hima legal notice refunding him the advance paid by him after forfieting and deducting 10% of the advance paid by him and asking him to vacatre your place within 15 days,

5. In cae he fails, file a complaint of trespassing if you have not given him any possession letter,

6. If you have given him a written possession notice, you can not file a case for trespassing. You shall have to file an eviction suit.
Krishna Kishore Ganguly
Advocate, Kolkata
18752 Answers
453 Consultations

5.0 on 5.0

1. Did you enter into an agreement prior to receiving the advance amount?

2. It was a blunder on your part to have given the possession unless and until the entire sale consideration was paid to you. This is the first time I am hearing that some one gave the possession before the remittance of the sale consideration in entirety.  

3. The conveyance deed has not yet been executed by you, which implies that the title has not passed to the prospective purchaser.

4. Issue a lawyer's notice through your lawyer to the prospective purchaser to pay the remaining balance. 

5. If the purchaser does not pay the remaining balance of 60 lakhs then immediately move to court to recover the possession which has not been delivered to you.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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