• Property owner refusing to register the property after agreement

This is regarding a property in a prime locality of Bangalore. I finalised on a property, which was a 40x60 site, the price agreed was Rs.10,000 per square foot. So the total cost was Rs.2.4 crores. An advance of Rs.1.6crore was paid and a Sale Agreement was made and registered in the concerned Sub-Registrar office. The terms being mentioned that the property would be registered within 10 months by paying the balance of 80 Lakhs. It's been about 8 months now and I am willing to get the property registered by paying the balance amount. But the owner is telling that he doesn't want to sell the property, and that he is ready to give back the advance I have paid. He is been telling different stories for the past 1 month. After enquiring with the broker as to why the owner was doing this, I came to know that he has got an offer of Rs.12,000/sqft. What are options I have? Please do guide me, the agreement will expire in the next 2 months.
Asked 1 year ago in Civil Law from Bangalore, Karnataka
1) you should send a letter to seller that you are willing to pay balance amount of Rs 80 lakhs . 

2) request the seller to execute sale deed in your favour and have it registered . 

3) if seller declines to do so file suit for specific performance 

4) obtain an injunction restraining seller from creating any third party rights 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1) you can send legal notice through lawyer or a letter by regd post 

2) you would have to move court and obtain orders to direct owner to execute sale deed in your favour . file suit for specific performance 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
A. You must send a legal notice to the Seller to execute Sale Deed before the sub registrar office by mentioning that remaining consideration amount is ready and saying that ready to get the registration of Sale Deed.

B. In your case, your Sale Agreement has been registered so the Seller cannot sell your property to any third party unless cancel the Sale agreement before the Sub Register office without your presence.

C. After the issue of legal notice that if the Seller doesn't reply to your notice or if the reply notice is not satisfactory, then you can approach the Civil Court by filing a Suit for Specific Performance of Contract against the Seller.

D. In case, If you are not agreed to register the Sale Deed that you can recover the paid sale consideration amount with interest and damages for the breach of Contract and file an interim application for injunction not alienate the property till disposal of the Suit.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Immediately send a lawyer notice to the seller reveling that  you are ready and willingness to pay the balance consideration any time before 10 months and ask the seller to provide the original document for register the property as per the agreement and inform his convenient day for registration . 

After the issue of legal notice, if the Seller doesn't reply to your notice or if the reply notice is not satisfactory, then you can approach the Civil Court by filing a Suit for Specific Performance of Contract against the Seller immediately before last day of performance of contarct. In that suit a relief for return of advance amount with interest and damages for the breach of Contract  also incorporated, if the court fails to do for the registration of the document in favour of you.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hi, Based on the agreement of sale you have to file a suit for specific performance of the contract in the court as you have a good case on merits as you have paid almost 60% of the amount.

2. First you have to issue a legal notice to the vendor ask him to execute the sale deed if he does not turn up for execution of the sale deed then you have to file a suit for specific performance of the contract.

3. You must maintain amount in bank account to show before the court that you have enough money to pay the vendor and you are always  ready and willing to perform your part of the contract. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi sir/madam, you have every right to get registered the said property in your name as per registered sale agreement. You should immediately issued a  letter through registered postal acknowledge due card to call for willing the registered the sale deed in your favour by paying balance amount to the owner. It is support and very helpful to your matter in future. After expiry of 2 months you have to issued a legal notice for willing and paying the balance amount and ready to registered the sale deed in your favour to the owner. If he failed to do so, thereafter you have to file civil suit for specific performance to perform the said agreement by executing the absolute sale deed in your favour by the owner. under the Indian Contract Act and Transfer of Property Act. It is very technical in law you go ahead with very careful. You cannot get the property registered in your favour absence of the property owner in the office of the sub-registrar as per Indian Registration Act. If you want my legal service in this regard. I will do it.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
Preferably send legal demand letter from the Advocate.  (with in the term of the agreement). 
If he refuses/fails to register the property, you can file the suit for specific performance in the jurisdictional Civil Court. . 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
You should send a lawyer's notice to the vendor indicating your ready and willingness to perform your part of the contract as per the registered sale agreement and get the sale deed executed in your favor by paying the balance of sale consideration amount and instruct him to fix a date and time for execution of the registered sale deed in your favor by receiving the balance of sale consideration amount. You may allow him a maximum of 15 days of time from  the date of receipt of the notice and if he is not responding or not complying with the demand made,you may file a suit for specific performance  of contract seeking specific reliefs. You cannot go to the registrar office and get it registered in his absence, he as a owner has  to execute the sale deed.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. You can either take back the advance you paid to the seller, or sue him to honour the agreement he made with you.

2. The owner is legally bound to register the sale deed in your favour, failing which you can file a lawsuit against him to seek court's directions to him to honour his promise reduced to writing. In addition to this, you can also seek compensation from him for  delay in the registration of the sale deed.

3. Before going to court you should issue a lawyer's notice to him asking him to honour the agreement. 

4. The property cannot be unilaterally registered. The owner has to come and sign the sale deed.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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