but seller not cleared mortgage cancellation in the encumberance cetificate, case filed by the purchaser to do specific performance, injection not granted by the court. what will be the concequences for the purchaser how to get registration in his favour, sale agreement value 1.2 crores, advance paid rs.20 lakhs
Since the vendor has not kept his promise to clear the mortgage amount and get you the sale deed executed and registered at your cost, the suit for specific performance before the court is the only option. If the vendor declines to execute sale deed, as an alternative you can seek the refund of advance amount with interest and also the costs.
seller is trying to sell to other party in extra rate, what is the remedy to stop the transaction, what is the procedure to be followed to register in the original agreement holder name,
The only remedy to this is to obtain an order of injunction restraining him from alienating the property based on some documentary evidences.
the case filed with high court since the value of property is high. the case is pending the high court past 10 months. any emergency petitiion is possible to file to stop the sale transaction with third parties
Yes you can file an IA before the high court seeking injunction against the vendor.