• Seller refusing to register property after ATS

I had entered into an Agreement to Sell (Notarized not registered in Delhi) on 10th Jan with a broker. This broker on behalf of the seller was selling us the property. For this, an advance of Rs, 40 lacs has already been paid through cheque in favor of the Seller (not broker). Now the deadline of 4 months of ATS is approaching, but the seller is refusing to get the property registered. My agreement to sell is with broker only and not the seller. Do I have any remedy available?
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

Dear Sir, file a suit for specific performance against the broker as well as seller.

Mayank Sapre
Advocate, New Delhi
256 Answers

Did the broker have the registered power of attorney executed in this favour by the seller?

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

ask seller to refund your Rs 40 lakhs paid with interest . if he fails to refund issue legal notice 

 

2) also  file police complaint of cheating , criminal breach of trust against seller under section 406, 420 of IPC 

 

 

3) sue the seller to recover your money with interest 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

file police complaint against broker and seller 

 

2) sum of Rs 40 lakhs was paid to seller 

 

3) if seller has backed out of deal he should refund your money . 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The only remedy that is left for you is that you can recover your money from the broker by by way of a  civil suit for recovery.

Also, criminal complaint can be filed against the broker for cheating and fraud as the agreement to sell should not have been executed by him since she had no title in the said property.

You cannot sue the owner of the property since no agreement was executed between you and him.

Also, the broker can file a suit for specific performance against the seller as the agreement to sell was executed between them. If the broker is able to get a favourable decision from court, you can buy the property from him.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If the Vendee does not fulfill the terms of the Agreement then Vendor by serving a legal notice can cancel the agreement even if it is registered and can sell the property to any other person.An agreement whether registered or not can be cancelled on breach of its terms. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See you can just recover the amount from the seller in case broker signed agreement to sale then in that case since he is not owner neither authorised by seller vide power of attorney you cannot file specific performance against this agreement,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Cheque is en cash by seller, so he too is involve in deal. File criminal complain against both.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See you have paid amount to seller recover same from him give a notice the broker can only proceed against the seller you don't have any right to go against the seller.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 as you have back to back agreements for purchase of property and you paid the advances on the basis of their agreements you can file a case against the broker making the seller as a party for the specific performance of the agreement in the court.

Please send a legal notice to the broker and copy to the seller before you move to the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can send him a notice yourself or also through sub- registrar to be present for registration.  You can take direction by filing suit for specific performance from court for registration of the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust, against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You first  issue  a  legal  notice  to  the  sweller intimating  that  you  are  ready  and willing to  get the registered sale  deed executed  in  your  favor  after  paying the balance  o  the sale  consideration amount and  ask  him  to  fix  a date  and time  to  his convenience   for  the same  within  one  week  from  the  date  of  receipt  of  this  notice.

Before  that  you obtain  the  unregistered sale  agreement  from  the broker somehow, if  he  refuses to  hand over then  you  may  approach  police  for  this  and  get  it  solved.

When  the  seller refuses to execute  the registered sale  deed you  may  file  a suit  for  specific performance  of  contract, no doubt unregistered sale deed is not valid but you can at least  get the amount refunded considering  the ATS as a receipt.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You dont worry about the direct document, sine  the sale agreement is between you and the seller, you may proceed as advised in my previous post which may solve your issue 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. On the basis of ATS executed by the seller in favour of broker the latter did not get any authority to sell the property to you. He could have been conferred the authority to sell only through a registered GPA.

2. You first consult a lawyer with the ATS that you executed with the broker and also the one that he purportedly holds in his favour. Without perusal of these documents the legal strategy cannot be chalked out,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

 you can recover your money from the broker by filing a recovery  civil suit  against the broker.

 

you can also  file a  criminal complaint  against the broker for cheating and fraud as the agreement to sell should not have been executed by him because he had no title of ownership in the said property.

 

You cannot file a case against  the seller here,as there is executed between you and the seller.

 

Also, the broker can file a suit for specific performance against the seller as the agreement to sell was executed between them. If the broker is able to get a favorable decision from the court, then you can buy the property from him by registering it.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

Dear Sir,

If you have valid proof regarding full payment, a cheating case can be filed at concerned police station.

You can file a civil suit as well for the specific performance of contract and and interim injunction to restrict the land load from alienating the property or to sell it to some one else so as to defeat your case. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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