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