I am the purchaser of 1 acre land. total 13 lakhs . We have made registered sale agreement for 6 months and paid 10 lakhs. but seller not ready to execute sale deed. during 4th month we have sent legal notice , we have waited up to 6.5 months. then we file a civil suit . but file returned by court with the message of "Lodgement schedule to be furnished" 1. what is the meaning of this .? 2. when file a suit original sale agreement to be submitted in the court ? 3. whether we withdraw a case if seller refund the money to us ? kindly guide regarding this thank you
1) you have to enclose Xerox copy of agreement to the plaint filed by you in court
2) you are at liberty to with draw case in case seller refunds your money
3) you have to submit form of lodgment schedule in court containing details as to when payment made , party on whose behalf payment is made . it has to be signed by your advocate
There is nothing wrong with the suit.
1. You have to express your willingness to pay the balance of sale consideration amount.
The lodgement for balance sale consideration amount shall be paid only after the suit is decreed in your favour.
2. The sale agreement is to be filed along with the suit.
3. You can get the refund of court fees after compromise with the seller.
File suit for specific relief and take directions of the court for registration of sale deed.
If seller refunds the money you can withdraw or fight for any loss or damages incurred by you
- You have not mention that what suit you have filed , whether suit for specific performance or suit for recovery
- However, in both the cases you have to filed the sale agreement before the Court
1. You have to file the details of the payment made to the seller
2. Yes, as the suit is based upon the agreement , hence it is mandatory to submit the agreement before the Court.
3. Yes, you can withdraw the said case , once the seller refunded the amount to you.
Dear client, Lodgment means that after a note was bounced due to insufficient deposit, the depositor pays the amount of the note into its account at the financial institution who bounces the note, and applies to the financial institution for debiting the amount as "other account payable" available for payment.
2 a certified copy of a sale deed is admissible in evidence under Section 65(c) of the Indian Evidence Act when the original is lost due to no fault of the party,
3. Yes
shall court send the suit details to sub registrar office and inform them this is the property under suit. then only, we can stop the buyer to do any other transaction no ?
Court does not send suit details to sub registrar office
The court will not send any information or notice to the sub registrar on this.
If you want the sub registrar to stop the registration of the disputed property then you may have to obtain an order from court directing sub registrar to not to register or encumber the property in any manner by an order of the court.
You need to inform the same by attaching court details and order if any
- You can file an application before the court to directs the sub-registrar not to register the property in the name of any other persons without the permission of the court .