1) file police complaint against seller for cheating , criminal breach of trust under section 406, 420 of IPc 

2) also file suit for specific performance to direct seller to execute registered sale deed in your favour 

To pressurise seller file cheating case also 

File suit of specific performance if want the sale complete. For recover of amount can file FIR of cheating and criminal breach of trust. From the beginning, his intention was to cheat you and not to materialize sale. Intent of cheating prevail from the beginning.

1. Take recourse to the clause under Breach of Contract, which has to be available in the Agreement of Sale. File for Specific Performance of the Contract in the competent court.

2. Counter the allegation made by the seller in the notice effectively by producing the record of evidence of having paid Rs.3 Lakh through cheque, as advance amount towards the sale of plot by the seller in your favour.

See you can file a civil case of Specific performance of the agreement before the jurisdictional civil court. Since you have fulfilled the condition of the agreement and he is failing to register same the court shall pass such order also seek an order of stay pending the suit on sale and transfer of the plot. 

Sir the case of Specific performance is best relief in this since agreement is there police may refuse to entertain the 420 IPC as it is under civil wrong. 

1. file a case of specific performance against the seller,

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 & Witnesses.

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.

3. Simultaneously, you can also file Civil Court case for recovery of your amounts alongwith Interest & compensation for the losses you have suffered. 

Yes it is criminal as well in sec and 406, 420, 467 you may go for.

You can also file a civil case  for specific performance of agreement.

You may complaint in Consumer forum for the refund interest compensation and legal charges and it is quick

You should file a suit for enforcement of the contract in the civil court.

A criminal complaint must also be filed for cheating as he is levelling false allegations and does not intend to give your money back.

You can file declaration suit along with cancellation of agreement should be converted into the title transfer in the way of sale deed.

Dear Sir,

When one party violates the sale agreement, the other party may give notice to the defaulting party to act as per agreed term. If the defaulting party fails to perform, the other party can

• Cancel the sale agreement – as per the cancellation clause of the agreement, if any or through the court
• Approach the court seeking directions to the defaulting party to perform as per the agreement – suit for performance
• Approach the court to direct the defaulting party to compensate for the loss/damages caused to the party by the defaulting party – suit for damages
• Ask for a refund of the advance payment made to the defaulting party – suit for the price
• Retain the advance payment made by the defaulting party
• Seek directions from court if warranty clause benefits not provided by the seller- suit for breach of warranty

Depending upon the nature of the agreement and its terms and conditions, all or any of the remedies mentioned above can be availed. It is the discretion of the court to grant a specific remedy as per law.

You can file poluce complaint against seller fir cheating , criminal breach of trust under section 406, 420 of IOC 

2) seller has refused to refund  advance payment made of Rs 3 lakhs nor ready to execute registered sale deed in your favour although you are willing to pay balance amount 

3) contact a local lawyer 

See you can file a police complaint or private complaint before the magistrate though there is agreement and cheque they will ask you to approach the civil court for proper relief.

Sale  deed registration is mandatory 

non registration of agreement for sale does not affect validity of agreement 

Change your lawyer and file FIR. whatever he is advising is wrong. Agreement is proof of payment made. And Specific permanence of unregistered agreement is permissible.

Though after the 2013 amendment in Kerala it is mandatory to register the agreement though if same is not done.still you have to file suit showing the notarized agreement as proof of transaction.

First of all, send a legal notice to the seller via a lawyer demanding the amount taken from you by him plus added reasonable expenses. You can also also seek to compel the seller to complete the deal under specific performance. If the seller doesn't refund the money, file a suit for specific performance in the concerned civil court.

You can lodge complaint against seller u/s 406 criminal breach of trust and 420 cheating.

The unregistered sale agreement is not valid and not enforceable in the court of law, however you may file a suit for specific performance of contract by first issuing him a legal notice demanding the registration of the property by receiving the balance of sale consideration amount.

If the court is not granting you the relief of registration of property to your name then it my pass an order for return of the advance amount.

Your advocate is right, you may file a suit for specific performance of contract.

This may not be an effective criminal case, instead it can be a very good civil case for refund of the advance of sale consideration amount by filing a suit for specific performance of contract before the court competent.

The unregistered sale agreement shall act as receipt for the money received by him as advance.

Hence it is better you file a suit for specific performance of contract.

You can file a suit of specific performance against him as well as file criminal complaint of cheating and forgery

1. You can make it criminal case only if you can include criminal breach of trust and cheating.

2. You can prove cheating that seller intentionally insisted for notarized agreement and promised to register the agreement at later stage which he refuse to do after getting the payment through bank transfer.

Whatever they are saying is to prepare their innocence. All allegations are false and will prove by agreement. So file FIR. if police is not registering, file FIR though court. No big deal.

if police refuse to lodge FIR file private complaint against accused under section 156(3) of cr pc to direct police to investigate and submit charge sheet 

2) also file suit for specific performance 

See the only solution is to file suit for recovery of your amount see since there was agreement you could have filed for specific performance suit for the agreement since now you don't want land you can file suit.to recover the amount with interest.

If you want to go in criminal way file complaint directly before court under 156(3) of crpc and seek orders from magistrate

Your advocate has rightly advised you to file a money recovery suit against them.

The police may not be very effective to recover the amount due to you.

The money suit may not take so much time as you have been wrongly informed.

You may decide further course of legal action that you may intend to initiate.