File suit for specific performance to direct seller to execute registered sale deed in your favour
2) before filing suit issue legal notice to seller to execute registered sale deed in your favour
Plot purchase. Amt paid, but registration not completed.
Dear Sir, I have paid token amount for a plot and made an agreement in 2018, and paid complete amount, but the plot registration is not completed. Agent who took money informed me that person responsible for registration is absconding and is not responding after taking money. I tried to contact the person as well, he is not responding. Agent also is not responding now. kindly advise. I am working in US on an assignment.
Asked 3 years ago in Property Law
Religion: Other
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8 Answers
File a civil suit for specific performance of the contract. you can also claim damages for any losses suffered due to the seller's refusal to register the property.
you can also approach the local police station and file a complaint under Section 406 of the Indian Penal Code. This section deals with criminal breach of trust and the seller can be punished with imprisonment and/or fine.
1. Send a legal notice to the seller asking him to complete the execution of sale deed. Even if the legal notice is not delivered but still you will have an evidence of having contacted him before taking any further action.
2. If there's no response to legal notice or if it has not been delivered, file a complaint in the jurisdictional Police Station under section 420 against the seller for cheating you.
3. Also you can file in the jurisdictional Court against the seller for specific performance of the agreement of sale.
You can file both criminal and civil cases against him. You can seek the possession of the plot and injunction orders on the same through civil court. You can file cheating complaint against both agent and the seller
- You can file a suit for specific performance before the court on the ground of that agreement executed by the seller.
- The limitation is only three years for filing the suit from the date of agreement, however you can file the same on the ground that just you came to know that the seller has refused to execute the sale deed.
- Further, you can also lodge a police compliant against him for the offence of cheating and breach of trust.
You can lodge a criminal complaint against the person who took money from you towards this property purchase.
If you are not living in India then you can send a complaint online and can authorise a close relative to follow up the complaint, besides if you have the details of the person who cheated you, then you can file a suit for recovery of money too.
If you have any sale agreement then you can file a suit for specific performance of contract to get the sale deed registered in your favour through court.
File police complaint for cheating, fraud, criminal breach of trust. In addition you should file complaint before RERA is agent is RERA registered ( or consumer complaint if not rera registered).
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Dear client,
If the person responsible for registering the plot is absconding and not responding, then you may need to take legal action against him to recover your money or to get the plot registered. You can consult a local lawyer in India and file a case against the person who is responsible for registration.
You can file a police complaint against the agent and the person responsible for registration for cheating and breach of trust. You can also file a civil suit for specific performance of the agreement to compel the seller to transfer the plot to you.
It is advisable to have a lawyer review the agreement you made with the seller to determine the best course of action for you to take. If you are currently in the US, you may want to hire a lawyer in India to represent you in court.
