Issue legal notice to seller not to proceed with sale of property to third party and to execute registered sale deed in your favour 

2) take the plea that you can make payment as per terms agreed upon 

3) if seller refuses file suit for specific performance 

Act as mentioned herein above 

File a suit injunction against sons and mother seeking any stay on any transfer of property to third persons as there is agreement  with you with the sale the subject land. It is sufficient if a suit is filed even if injunction is not granted immediately as any transfer of property pending suit is not valid under Transfer of Property Act, 1882. You can also issue a paper notification to general public against purchase of property.

Such notice  will deter any third parties of enter into deal as no one wants of by property under litigation.

If you have any written agreement of sale, you can file a suit for specific performance. But, this right accrues only if the vendor defaults on the agreement and sells the property to someone else, and not earlier. You may watch if there is any sale of that property on the TNReginet website by viewing the EC online.

All electronic evidence like whatsapp chat, email etc. is admissible evidence  in Court. An agreement  to sale property need not be written, it can be oral also. You have valid proof of agreement. You are entitled to file a suit and obtain injunction. Issue a public notification that will have immediate effect on the seller and any purchaser. Your agreement with proof of chat is legal and enforceable.

Send legal notice 

rely upon what a app communication 

3) if he refuses file suit fir specific performance 

Yes, you may send a legal notice demanding specific performance or refund of the advance paid. You may also insert a newspaper advertisement cautioning the public. But, you cannot stop the sale at this stage.

File a police complaint. 

G.RAJAGANAPATHY 

High Court of Madras

Even though you have given an advance amount with intention to purchase the proeprty, there is no sale agreement between you and the seller.

Moreover you have given the money to the son of the owner, who is not the actual owner, hence he cannot give any assurance to sell the property neither the transactions between you and the son will not bind the owner, hence you may demand return of your money since they do not appear to be genuine sellers, hence there may not be any genuineness in the proeprty too.

In any case you cannot stop them from proceeding with the sale of property to another person in the absence of any sale agreement between you and them. 

Whether Hindu or any other religion you cannot stop them from proceeding with the sale of property to another person in the absence of any sale agreement between you and them. 

There is no sale agreement between you both, the whatsapp communication also is not a sale agreement but just a conversation between you both , moreover the said chat message is not an admissible evidence, hence the legal notice also will not be maintainable.

However if you still want to issue a legal notice, you may better consult an advocate and raft the legal notice that should make him binding. 

- Since this property is in the name of the lady , then being the owner of the self acquired property she having her right to sell the same to you without taking consent from her children. 

- Further, as you have already paid amount as advance through orally contract and further having watsup confirmation with you , then the said seller is bound to enter into an agreement with you legally after taking the balance consideration amount from you as fixed. 

- You should send a legal notice and ask for execution of sale deed in your favour and further mention that if any agreement with other person then that sale transaction will not legal as per law 

- Further, if no response, then file a suit for performance before the court 

- Further, you can also lodge an FIR against her for the offence of cheating and breach of trust. 

Dear Client,

According to a recent judgment, the Supreme Court has stated that messages sent over social media have no evidential value. However, such agreement over electronic media must be a valid offer, acceptance, and legal consideration for it to be binding under the Indian Contract Act, 1872. Moreover, such electronic agreement shall be enforced through Section 10A of the Information Technology Act, 2000, and Section 85A of the Indian Evidence Act, 1872.

Furthermore, the seller shall infringe the provisions under Section 23 of the Indian Contract Act, 1872 and Section 55 of the Transfer of Property Act, 1882, along with other provisions in accordance with the law of the land, if the seller sells the property to someone else in place of you since you have already paid for such property.

However, as long as there is no valid proof of the fact that the seller has sold the property, or is in the process of selling the property to someone else, it is not advisable to send a legal notice as of now. 

We can suggest you to communicate with the seller to obtain a confirmation of the situation, and hence, go ahead accordingly.

Thank you.

First send him a notice if he doesn't comply file appropriate proceedings in civil court