I am Ramaraju Yadav bought 42 gunta's land with my cousin on [deleted], who is the owner(pattadar) of this property with witness of his wife,other 2 members for the cost of 42 laks. I paid 5 laks as advance and remaining half amount(18.50lks) will be paid upto [deleted] and further remaining half upto [deleted](18.50lks). I.e time period 10 months. Now he is not binding for this agrement, according to him he is not interesting to sell this land to me. I send a legal notice but he was rejected it. Now I am interesting to approach court? What is the court fee? And is there any justification to me? Can I ask nasta pariharam from him in the court? In pass book land is 42 guntas where as in possession actual land is 38.5 guntas. Is it comes under cheating? Please give me any suggestions as early as possible. Can I approach court in the month of May 2019 as per agreement 1 st installment dates? How much time it takes to completion of this issue in court?
Who has rights on this land at present? I.e upto court final judgement? Buyer or seller? Suppose for final judgement takes some years at the time of registration how much pay to to him(seller) as per agrement or any interests? How much chances are there to the land registration against me.
1. The court fees varies in every state and to know your court fees please approach the local court.
2. If the seller does not agree to honor the agreement and refuse to sell the property initially agreed upon, the buyer can file a suit for specific performance of contract.
3. However to do this you need to first him the balance money of first installment. Once he refuses then you can file the said suit.
1) since seller has refused to honour agreement for sale of land inspite of legal notice file suit for specific performance to direct seller to execute registered sale deed in your favour
2) mention that you are ready and willing to perform your obligations under the contract and make balance payment
3’) court fees is state subject and varies from state to state
4) suit would take 15 years to be disposed of
5’) you can also file case of cheating against seller under section 420 of IPC
1) you have good case on merits
2) seek an injunction restraining seller from selling the land or creating third party rights on the land
3) contact a local lawyer
Dear Querist
as you already issue legal notice to him, so you should mention the terms and demand of the notice by which you demand from him, as per your information first installment will come into effect from may 2019 than why did you issue the notice?
See you have to file specific performance suit before the court seeking specific performance of the agreement along with the stay application so seller is not able to sell the land. The court fee shall on the sale value which is different in different state so the local lawyer shall confirm it.
If you have already paid the amount and the notice is sent to him you can go for a suit now only .
Further register a FIR for cheating and breach of trust against him.
At present the owner seller only has right because no sale deed is made .You pay him as per agreement only. See if there is agreement you paid according to agreement then he defaulted it will be in your favour.
Further for Naksha and documents of land you can give a notice through court to him to produce before court.
You can approach the court and also file cheating Complaint as criminal remedy against him. It will take some time
Dear Sir,
You can approach Civil Court by filing a suit called suit for specific performance. You have to say court fees according Andhra Pradesh Court fees and Valuation Act. You can claim either registration of the land or return of your amount along with compensation for mental harassment. You will win the case with in next 3 years.
The first step you need to take is to get your presence marked in the office of Sub Registrar swear an affidavit on the day to show your willingness to get the sale deed registered. Ensure you have the balance amounts in your bank accounts to prove this fact later in case of need. Then file a suit for specific performance of the agreement along with permanent injunction restraining the seller from alienating the property to any third person.
You can approach court with q suit for specific performance of contract.
If the sale agreement is not a registered document it may not an admissible evidence in court.
The court fee for this may be enquired locally.
Since you have already issued legal notice you need not wait for completion of agreement period.
What was the extent of land agreed to sell by the vendor?
How did you know that the property is physically less extent to that of Patta pass book?
What about the registered sale deed document i.e. the mother deed?
Have you obtained any legal opinion?
You may consult a local advocate and get a first hand information about this next course of action.
It is the property of seller hence before any sale deed is executed you may have to rush to court seeking it's intervention and remedial action.
file a suit for specific performance of contract
you can file the suit right away as the seller has refused to proceed with the transaction
it will take years to resolve
if judgment is in your favour then you have to pay the agreed amount without any interest
