Dear Sir
Please get issue legal notice immediately and file suit FOR specific performance. And get attachment of his property. It has to attached to safe guard your interest. CASES FILED BY SENIOR CITIZENS WILL BE DISPOSED WITHIN SIX MONTHS.
Registered sale agreement of a flat
I have paid rs fifty lakhs to one engineer and he promised me to return money with two rupees intrest.later he agreed to sell a flat for the same amount and got the sale agreement registred in sub registrars office three and half years back.before the expiry of two years i asked hin to renew the agrement initially he agreed but when i took the papers for signature he refused to do so and he promised he would return my money.he has not paid any intrest for two and half years.now he is telling he would register another property instead..i do not know the true vslue of the new offer.pl tell me what i should do
Asked 5 years ago in Property Law
Religion: Hindu
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16 Answers
i am 71 years old and how long will it take in the court if i file a case
Asked 5 years ago
You have to file a suit fr specific performance of the agreement for the sale of the flat, you cannot ask for interest if you are not registered money lender So better to seek specific performance of the suit in the court and ask for the flat. And file an interim injunction application before the court so that the flat cannot be sold further.
In case you are senior citizen file an application for speedy disposal of the case the court shall entertain same and the suit shall be expidited
You need to enforce the registered document in the court take position of the flat as he has taken the money and it is agreed in the agreement to sell the flat 2u this will be transferred in your name by the court you need not to discuss the interest portion of the loan as this loan is a friendly loan and you cannot receive any interest
Once sale deed is executed duly stamped and registered you would be absolute owner of property
2) where is question of renewal of agreement
3) contact a local lawyer
4) it is necessary to peruse documents cited by you to advice
Suit would take 15 years to be disposed of
You can seek expedited hearing as senior citizen
1. What is the date of execution of sale deed mentioned in the agreement to sell?
2. You can file a suit for specific performance against him to seek a decree against him to either execute the sale deed or pay the compensation determined in the agreement to sell.
3. It will take about 2 years in the court at least.
File Criminal Case under Section Section 420 of the IPC besides filling Summary Civil Suit. You can proceed with filing both Civil and Criminal cases simultaneously.
Period of Limitation is 3 years for filing the suit from the date of last payment.
First send him a legal notice through an Advocate.
the exact date of registered sale agement is 28.10.2014.the limitation period is over by ten months.till 2016 march he has paid intrest. since i am a senior citizen can i file a case in my place S moving to bangalore time and again it is difficult.now he is offering another property instead of the registerd one what should i do
Asked 5 years ago
If he is offering settlement and it is worth you can go for settlement otherwise you have to file an suit along with the condonation of delay application in the city where the property is situated or respondent is living.
sir you can file u/s 420 no limitations for criminal case.
Ask borrowers to sell the other property and pay your dues
Litigation is long drawn and expensive proposition
Amicable settlement is best option
Firslty, Sir, there is a legal remedy for you for sure as to file a suit for recovery of money which he has taken from you.
Secondly, but, as it has been stated that you are a senior citizen then it may be difficult for you to go before the court.
Thirdly, though there can be no need for you to come again and again to the court as you can be represented by your counsel also.
Fourthly, still I would advice you to go for the next option also which he has been offering you now, may be this time you would get something from him.
You should have filed a suit for specific performance of contract on the basis of the registered sale agreement at that time itself.
Now it will be barred by limitation since it is over three years.
The money given to him also is very badly hit by law of limitation.
You may send a legal demand notice to him if he acknowledges the loan availed by him then he will come within the limit so that you can file a money recovery suit against him.
Do you have lending evidences by promissory note or a cheque or any other mode of payment?
i am 71 years old and how long will it take in the court if i file a case
It may take two to five years to get disposed.
the exact date of registered sale agement is 28.10.2014.the limitation period is over by ten months.till 2016 march he has paid intrest. since i am a senior citizen can i file a case in my place S moving to bangalore time and again it is difficult.now he is offering another property instead of the registerd one what should i do
The sale agreement is barred by limitation.
The interest amount given till 2016 is a good news.
Do you have evidence for this interest payment?
However it is three years from the last date of payment of interest to file money recovery suit in a court of law.
If he is willing to giver another property, if it is worth your loan amount then you may first take it so that you dont suffer the entire loss, get it registered on your name.
I am not asking the date of execution of agreement to sell. What is the date mentioned in the agreement to sell for the execution of sale deed.