Do u have receipt of payment ?
Agreement between property agent and customer
Sir, I have done an agreement to purchase 2 plot from my own brother (property agent) in year 2013, I have paid 15 lac rupees cash. but plot registry not done because of own brother and i want to sale again when i want to construct a house. In year 2018 i ask him to registered plot in my name. than he refuse to do the same. when i inquire about property i came to know he already sold to someone else. now he is refused to return money also. Sir, Sale agreement is not registered or notary. he not mention plot number and location, khasra number etc. I have believed due to my own brother. Please suggest in this matter. Thanks
Asked 6 years ago in Property Law
Religion: Hindu
8 Answers
there is no evidence of any payment made by you
2) no acknowledgment received of money paid by you
3) you can file suit for specific performance to direct brother to execute registered sale deed in your favour .
4) enclose agreement for sale signed with brother .
See file a case of cheating and breach of trust if no plot number no location is mentioned in agreement specific performance suit shall not be maintainable so file a cheating case to recover the amount.
This is my response to you:
1. Approach civil court and file a suit urgently;
2. File a stay application and obtain injunction order;
3. You can also file an FIR;
4. Consult a local lawyer and take steps immediately.
You need to file a cheating complaint against him. As you don't have documents you need to examine witness in the same
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. settle dispute amicably with your brother.
Since the sale agreement is not registered and also the same is barred by limitation, moreover it is barred by limitation for filing a recovery suit also, you dont have any option to recover the money given to him nor getting a plot becasue the agreement is also invalid due to operation of limitation act.
It is your mistake of blindly trusting or believing your brother who has backstabbed you.
You can take a drastic legal step by making a complaint with the local police for cheating and breach of trust offences which may bring some response and hopes for getting back at least your money.
Dear Client
In this condition the only option you have is to lodge an FIR against your Brother for Cheating against you in name of property selling.
you cannot file recovery suit or suit for specific performance because you don't have any proof of payment made to him for purchasing of plot.
