• Unregistered sale 240 gaj ka open plot at Hyderabad agreement

I entered with out my wifes consent ( plot is given her father and registered on my name) a un registered agreement with one person on 12th oct 2018 to sale 240 gaj ka open polt at koheda village Hyderabad.total price is 7.5 lakh.he given 1 lakh on 12th 2018 and again given 2 lakh on 14th oct 2018 total 3lakh as advance total agreement period is 40days.ends on nov 20th 2018.on 11th my wife came to know and she raised objection.i informed to him on 11th& he assured to come on 12th nov.but on 12th his mobile is switch off.third party approached me over that i have register because it resales to 3 persons. at this point i got advice from kaanoon advocates that in agreement period i have to register, if the time completes i can have chance.so i wait up to 20th nov.on 21st nov 2018 (41st) i called him to meet.but he has taken his uncle to hospital.later on dec 17th 2018 they came to my home but i am on duty.on 23rd we 4 and they 8 sit for settlement .they unilaterally dictated that 3+3= 6 lakh for cancellation or they 30k extra for registration think and decide inform us.again on jan 9th also same .on 18th feb they again come to office and compulsory registration or they will take me to police station.i offered 2 lakh for cancellation or give 2 lakh for registrtion..in between 3rd party making call to office on every monday ,wednessday,friday . .they are torturing me by calls.i am alone no one come to rescue .some iam feeling alone and thinking to end my life.at this junction please give me suitable sugestion.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Dear Client,

Agreement already lapsed due to failure of purchaser as he did not made payment on time i.e. 20th nov. And police has no role in such matters, civil in nature. You can complain agasint them for harassment and criminal intimidation.

Neither you liable to pay them anything, is there ant default clause in agreement ?

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

no one can force you to do anything. if any advance payments have received or given you can return the same as per banking channel if you want to cancel the same. Once legitimate clauses of agreement are fulfilled then you dont have to worry about the same.Rest if someone is harrasing or threatening you then you can approach police for the same.

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

No need to commit suicide 

 

2) no need to bow down to pressure tactics 

 

3) since purchaser has failed to make payment within stipulated period you are not bound to register sale deed in his favour 

 

4) only refund advance money received by you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Don’t agree to pay unilateral cancellation charges 

 

no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

See for settling this issue since time period is over then you can give a cancellation notice to the purchaser and can refund there complete amount back. After returning if they file any suit since the period is over he shall not get any relief.

Secondly the other solution can be take remaining amount and register in his favour even given by wife's father to you , you have absolute right over the said land.

Further if they are not ready to settle then let them go to court for relief the court shall decide.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further police case in this situation cannot be filed as it is civil dispute police has no jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As per the information mentioned in the present query, makes it clear some points but some are not clear, still, I would like to help you out upto certain extent.
  2. As the agreement is not registered, you should have said not to them for anything, but you being a simple person agreed on whatever they been saying to you.
  3. Now, I advice you to file Magistrate complain for taking action against them including all the call details, messsages etc. to show that you have paid back everything to the concerned party, but still been harassed by them.
  4. And if needed, then file an application in the same court for protection, I am sure them police will also have to listen to you not otherwise.

 

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Unregistered  Agreement is valid up to 4 months of its creation. After that it is invalid. IT is not admissible as evidence in a court of law. 

If they are harrasing you then you can file complaint in police station against them. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

He cannot approach court with an unregistered sale agreement but he can lodge a complaint with the police for the offences of cheating.

You can proceed with the sale deed registration if your intention was to sell the property or you may inform him that since he did not turn up on the due date, you are hereby cancelling the sale agreement and he may collect his advance amount.

You may send this communication by registered post and keep the receipt and the acknowledgment card to show it before the police in case he goes to police.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If he is threatening with the help of local goondas, you may lodge a complaint agaisnt them with the police even before they approach police.

Or you may approach the commissioner of police seeking protection and necessary legal action against them

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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