Dear Sir, file a suit for specific performance against the broker as well as seller.
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?
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
In my case, this was a financier deal. Broker had ATS with seller and I had ATS with broker. Now seller is refusing to get the property registered, so broker is saying he will refund our money (but this is extremely doubtful). Issue is that I do not have any direct agreement with the seller. He and I have not signed any document directly and jointly. Broker is a well known broker in my area and in good faith he also made some cash payment to the seller to help him get his property papers released from a bank where he had mortgaged his property papers. Now seller has betrayed. What remedies do I have considering no document with seller directly. PLEASE help..
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
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.
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.
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,
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.
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
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
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.
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.
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
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,
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.
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.