• Refund of money which was given in lieu of land purchase

Sir,
We have purchased 30 dismil of land in Palamu, Jharkhand from a person which was part of a one acre land. At the time of registry the Amin and the vendor assured that 30 dimil of land is there. They submitted the map of land and mutation was also completed in our favour. But later it came to knowledge that he has sold other parts to many persons before selling to us and actual land left was around 24 dismil. The vendor is now ready to return excess money. But he wants registry of 6 dismil of land which does not exist on the ground.
My questions are:
1.	Could be a sale deed take place if there is no land
2.	If yes what should be written (normal registry language is – need money so selling the land and ------location of land --east --- west --- south ---north
3.	If no what can be written in the deed
4.	Is there any other remedy and option to get back money 

The vendor is also a lawyer.

Thanks in advance
Shiv Lal
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

There can be no sale deed when there is no land available for sale

2) deed of rectification can be executed that land sold was 24 dismil and not 30 as mentioned in sale deed

3) deed of rectification should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. The procedure followed for buying land is to conduct registry search before entering in to agreement for sale and to ascertain whether the said land is available in records of the Registrar or not. If it is available in the records of the Registrar, then the said sale deed can be registered..

2. If the land is available in the records of the Registrar, then you can get entire 30 Decimal of land in your favour while receiving back the payment for 6 decimal of land. Collect the amount to be paid for the said 6 decimal of land also from him.

3.& 4. If you get back the entire amount from him, then insist for registration of 24 decimal of land which you are getting possession of from him.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You immediatly file complaint/FIR against Seller.

Send a legal through lawyer and file civil suit for recovery of money.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can send a notice,demanding the money.If same is not satisfied ,bring a suit for recovery and also a cheating suit of 420 and forgery.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Deed of rectification can be executed to rectify error in sale deed

No need to make registry of 6 dismil of land

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Such registry illegal and forgery. You can claim money back by filling FIR of cheating.

And if u will show excess land in sale deed than in future , you will face problem on resale.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. What is the reason that he wants to register 30 decimal of land in place of 24 decimal, possession of which he will hand over to you, he himself has sold the balance 6 decimal of land to a third party and given possession of the same to him?

2. If as per the records of the Registrar, no sale deed has been registered for selling the said 6 decimal of land then the title of the said land entire 30 decimal of land is still standing in the name of the seller.

3. You can take possession of 24 decimal of land by paying for the same and get registration of sale deed for 30 decimal of land if the seller bears the proportionate stamp duty for selling the said 6 decimal of land.

4. In the above process you shall pay for 24 decimal of land but shall legally have the title deed for 30 decimal of land for which you can file an eviction suit against the occupant later on, if you so desire.

5. The land exists but has been occupied by the third party.

6. Most important question herein is to know the reason as to why does the seller wants to register 30 decimal of land when he is taking payment for 24 decimal of land.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. In that case, you first get your property measured and the boundaries may be fixed to the extent of your actual entitlement, after which you can execute a registered sale deed by showing the schedule of property which is in his his possession, otherwise you can ask him the alternative about this.

2. You can mention the schedule of property which is adjoining your property and is in his possession.

3. Your document writer will be able to guide you accordingly.

4. You can ask him to refund the excess amount, by executing a registered rectification deed rectifying the extent of the property sold to you vide the principal sale deed. however

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

land is available but not in his possession and more over he is not willing to fight with who encroached. And for returning amount for 6 dismil he wants registry how we can make a deed if land does not exist

The best option before you is to ask him to execute a registered rectification deed reducing the extent of property mentioned in the original sale to the actual extent that is available now.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Hi,

The present proposal is defence by the vendor against any possible action by you. You may get the sentences included that the said portion of land remained in possession of the vendor and the present registration gives him valid right of possession.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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