• Property dispute

I entered into an agreement with owner for purchase of a property and paid her almost 90% of the contractual amount. On the day of registry every formalities were done only her sign was left and she ran away. She lingered the case for 3-4 years and in good faith we waited. Finally we filed a civil case against her for cheating us. The case is still going on . Meanwhile she agreed for out of court settlement , we agreed and we were busy in arranging the money but now she has registered the property in somebody's else name. How to proceed. We have already paid her a lot of money. How can I get the property registered in my name. I was even ready to pay her extra amount . Please help.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Since you have already filed a suit for specific performacne further pray before court to amend the suit ADD For cancellation of subsequent sell deed AND seek interim stay on transfer of property and new owner party to the suit.

If amendment is not.allwed have to file a separate suit.for cancellation and the new owner. Needs to be made party to the suit.

File a FiR against her for cheating fraud and criminal.breach of trust.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File suit for setting aside sale of property

2) seek injunction restraining sale of property by the purchaser

3) file Police complaint against her under section 406 , 420 of IPC for criminal breach of trust and cheating

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. Ia am not sure what sort of case you filed in court.

2. in any event the proper recourse was to file a civil suit for specific performance of contract .

3. Since he has sold the property you can add the new buyer party to this suit .

4. Additionally file a case of cheating with local police station as well.

5. in the civil suit you can seek alternative relief of refund of money with interest also.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Try to take first possession of the property at any cost. Later on ask money which you have paid to her, meanwhile don't leave the property check with the other party had paid all amount to her or not and get the amount from that party.

2) Now concentrate on amount instead of property.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can do the following:

1. Go back to the court and file an interim application;

2. State that the seller has created third party interests on the property and has sold the same;

3. Ask for injunction on the property till the dispute is settled;

4. If any order has been passed, get a stay order.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

What case u have filed,

Now her act amounts to cheating. File FIR u/s 420 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You file a suit for cancellation of the said sale deed and creation of third party rights in the Property.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

You have mentioned that you have filed a civil suit against her, what are the disposal details of the case?

If the out of court settlement was not effected and there is no withdrawal of case from your side, then you may include the subsequent purchaser as a party to the suit and also may obtain a temporary injunction agaisnt the subsequent purchaser restraining him from encumbering or alienating the property any further.

If the case is withdrawn, then you may have to approach court with a similar cse stating the the out of court settlement was not honored hence the cause of action still remains for specific performance of contract.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Section 53A of Transfer of Property Act protect your right. Make subsequent purchaser as a party before the Civil Court and also persue criminal case.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

File a suit for cancellation of the subsequent sale deed.

Contact a local lawyer who may file the same for you.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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