The property owner and me enter into an agreement on 31st December 2018, I have paid him 20 lakh though NEFT. I live in Kolkata, he lives in Mumbai. But, didn't appear to register the agreement after signing the agreement. After agreement I processed the loan and bank asked for BLRO Mutation and they said they applied for it, very they will provide it. But, after few months, they said the are unable to give the BLRO mutation certificate as it's on a vested land. Meanwhile, bank valuer asked me to repair the property and make it a presentable condition to get valuation high. I requested the owner to make the repairing job done but he said as I am buying the property and he doesn't live here, so I have to do the repairing and handed over the key to me. But, now after completion of entire repairing from my side and as he is unable to provide the BLRO, he is not interested for registry. The property is still under my possession. I want the property as I have invested a lot for make this ready. Bank is ready to provide me the loan without BLRO. Plz advise.
File suit of specific performance on the basis of Agreement and contents of pleading must show your eagerness to perform your apart as agreed in the agreement. Send 15 days legal notice first.
You can also file FIR for cheating you and embazzling your money + expanses incurred on repair.
1. It appears that you made undue haste in purchasing this property and may not taken proper advice/help of an advocate.
2. Else a vested land is never advised by any advocate to be fit for purchase.
3. Anyway under the circumstances you need to send him a legal notice seeking completion of the sale by way of making a registered deed of sale and inform him to pay him balance money, if remaining due.
4. If he refuses to register the property in your name then you will have to file a civil suit for specific performance of contract.
You need to file a suit for specific performance and take the relief
1) issue legal notice to seller to execute sale deed in your favour . mention that you are ready and willing to make balance payment at time of execution of sale deed
2) if he refuses file suit for specific performance
3)contact a local lawyer
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... 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.
As you told there is a agreement of Sale Between you and seller. Without going through the clause of the agreement, it is difficult to give solution to the question.
See if you are having the agreement or copy of same then based on same you can file a suit for specific performance of the agreement praying before court to direct the respondent to register the said plot in your favor.
1. It is not legally proper vto invest on the said property when the Agreement For Sale is not yet registered.
2. You shall have to file a Money Suit against the said property owner/vendor alleging asking for either refund of the money paid and spent by you with interest, damage and cost, or,
3. File a suit before the Court praying for an order upon the property owner/vendor to perform specifically as per the agreement executed by him.
If the seller is not coming forward for executing a registered sale deed in your favor ion the basis of the sale agreement, you may file a suit for specific performance of contract and seek direction by court to him to register the same after receiving the balance of sale consideration amount, failing which the court will register the same in your favor.
You discuss with a local advocate and proceed on the further advise received.
