My father has paid full amount to land owner of 1000sq.feet freehold property in 2009 and executed "agreement to sale" with property owner and mentioned about full payment to him and because of some technical reason sale deed and conveyance deed cannot be done and mentioned that will do it in later period. Same agreement to sale was noterised through advocate. There is no time period mentioned in it for further proceedings. Because of some unavoidable reason we could not do sales deed and conveyance deed till 2013. Property is in our possession. We are pushing owner to come for sales deed registration but he is avoiding same. Latest we got news from some local guy that owner is trying to sale same property to some body else now. We have taken advise from local advocates, they told that you can put up case with noterised agreement to sale document and can get property registered on our name through court order. Please advise if our case is strong enough with same document or not? What should be logical steps to obtain that property legally.
1) if seller is refusing to execute sale deed inspire of repeated reminders you have to move court to direct seller to execute sale deed
2) you have already made full payment and have been placed in possession of the property
3) obtain junction restraining seller from creating third party rights in respect of the property
Your father can no doubt file a suit for specific performance of contract to enforce the execution of sale deed in his favor at his own expenses on the basis of the sale agreement in his possession.
But be aware that the unregistered sale agreement has no legal validity and cannot be considered as a primary evidence for the suit proposed to be filled. However it may corroborate his statement and pleading and it can be considered as a receipt for the amount received by him. Therefore, the alternative relief for refund of the consideration amount with interest can e claimed if the sale deed cannot be executed.
Better discuss with your lawyer before filing the suit.
Send a Legal Notice to the Land Owner to calling him to execute a registered Deed of Conveyance or return of money with interest. I he would not comply then you can file a case in District/State Consumer Forum/Commission for deficiency of service and unfair trade practice.
You can also file a Criminal case u/sec.420 in Judicial Magistrate Court after lodging a complaint to the Police.
1. Well, if the seller is not willing to register the sAle deed then only option is to file suit for specific performance of contract.
2. In the said suit claim for maintenance as well so the seller may not sell the property to any third party strangers.
3. Take help of a local lawyer having civil litigation expertise.
Best of luck.
1. Since the agreement to sell is devoid of proper stamp duty to Government and not registered in the Sub-Registrar's Office and only notarised, it is not a legal document and will not stand the test of law.
2. Moreover it is time barred and cannot be activated now.
3. Since the property is in your possession and moreover you have made full payment to the Vendor in 2009 itself, better to get the property registered in your name, atleast now, by paying some extra money to the Vendor.
4. I repeat that you cannot rely upon the 2009 document of 'Agreement to Sell' due to the reasons stated above and forthwith enter into a fresh agreement of sale with the Vendor with 3 month's time for registration or directly get the property registered in your name by amicably settling the matter with the Vendor.
1. You should immediately move to court to seek a stay order against the seller to stop him from selling the property to someone else. If third party rights are created by him the subsequent buyer will assert legal rights against you.
2. You can on the basis of the sale agreement file a lawsuit against the seller to seek specific directions to him by the court to register the sale deed in your brother's favour.
Noterised agreement to sale has following terms - 1. Land owner has received all agreed money for same plot. 2. Because of some technical issues , property documents cannot be made available for register sales deed and conveyance deed. 3. It is owners responsibility to obtain all required documents and clear them for registering sales deed and conveyance deed as soon as possible. 4. No time limit for execution of sales and conveyance deed. With above terms, we followed up him to come for registration with all clear title documents but he never turned up. So wanted re-understand how strong this noterised agreement to sale document is? And how strong our case will stand in court as some of advocates informed that noterised document has no legal standing. Please advice.
Not only some advocates, even I reiterate that the notarised sale agreement has no legal value as a primary evidence. It may be a secondary evidence to corroborate your claim for specific performance of contract and can be helpful to fetch you the alternative relief of refund of the consideration amount received by the vendor, if need be, with interest at nominal rate.
1) agreement of sale does not need registration
2) sale deed would require registration
3) you have no option but to move court for necessary reliefs
A notarized agreement is as good as a registered agreement, albeit notarization and registration are mutually exclusive.