• Can a buyer file a case on seller and impact

Dear sir
i have purchased a nagar nigam rental property from a legal hier whose name is still not added as a title in rental property ,in 18 lacs.Now the issue is that in recent the person has went to court for adding his name as title and court has denied as it is descretion of nagar nogam.In case nagar nigam is asking him to vacate the property.The whole transaction was done between two parties on 100 Rs stamp 2 years back.Now the party is not ready to return the money niether support me.Please assist.
Asked 7 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

You don’t have clear and marketable title to the property

2) file suit and seek court orders to direct seller to refund your money with interest

3) to confer clear and marketable title it is necessary that registered sale deed be executed

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

On father demise son would be the deemed tenant as he was staying in said premises with deceased father

2) only after nagar Nigam had accepted him as tenant could he have transferred tenancy rights to you with landlord consent

3) you cannot claim any tenancy rights on the property. Seek refund of your money with interest

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir you have to file a recovery suit to recover the amount of 18 lakh as the seller has failed.to register the property in your name.

Serve the party with the legal notice to refund the amount paid in lieu of property. If he fails file a recovery summary suit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Recovery suit for the amount is only way out as the property is not for sale.no specific performance of agreement to transfer property on your name can be done.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

You may initiate case against that persons.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. It was misconceived in the first place to have agreed to purchase this property. It is so apparent that title is not free and marketable.

2. Noe serve a lawyer's notice to him to refund the amount and get the sale deed cancelled. If he does not do so then firstly file a criminal complaint under Section 406 IPC for criminal breach of trust and Section 420 IPC for cheating and then file a suit for cancellation of the sale deed and recovery of the amount paid to him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

He cannot sell the property as he is not the title holder and any agreement in this regard where the title is not clear is invalid in case of any dispute you can only claim your money paid along with the interest by filing a money suit in court.

But you can file a criminal case also under section 420 and 406 of IPC for misrepresentation and cheating along with the misappropriation of funds by representing himself as the title holder of the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

you should file a recovery suit in civil court and can even file a complaint at your jurisdiction police station u/s 420.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. File Criminal case on the Legal Heir, for Cheating & Fraud, for selling you property that was legally not his.

2. File Civil Case for recovery of the sum paid to the Legal Heir.

3. Both above actions will force him to pay you back the money.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. the heir of the tenant has to first get his name inserted in records of nagar nigam by producing proper evidence that he is the heir of the deceased tenant and also submit NOCs of other heirs

2. once his name is entered in the records, only then can he assign his right to you, that too by first obtaining prior permission of nagar nigam

3. nothing of the above was done

4. now if he is not returning your money then you will have to file a recovery of money suit against him in civil court

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Hello,

if he is not ready to return the money then file a suit and claim the money from him.

the transaction for transfer of land on a Rs. 100/- stamp paper is not valid

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Kindly enter into a settlement with the person from whom you have purchased the same

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The aggrieved party can issue a legal demand notice based on the notarised stamp paper treating it as an acknowledgement or receipt for the money given to him.

After that a money recovery suit can be filed before an appropriate court of law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

sir it is nagar palika property and concern person father was on rent since last 40 years when he passed away the concern person was loving there. the property is not ment to sell it is for rent and by nigam descretion.

The nagar nigam proeprty cannot be sold by the tenant.

A tenant will remain a tenant till his lifetime if he has not purchased it

Hence your idea of purchasing it do not have a legal stand

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can only ask him money orally as the property for which you made payment is not meant for sale. So your transaction on stamp paper is either way void. And for such void transaction you cannot approach court. But you can file cheating or fraud case against seller.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer