• I sold non-agricultural land to friend but he has not paid amount

I'm NRI after 20 years spending in gulf, I plan to settle in India. I have 5 acres NA land in Karnataka. I  constructed 40*60 home on same land. one of my friend ask me to joint venture school business. he told me my land and his investment for construction everything so I agreed. after settling India, I tried to get job but its very hard time so I plan to go back gulf again. at same time my friend told if you go back to gulf its very difficult to get loan from bank for school construction. he told me to sale 1 acre land to me for 25 lac on than basis I will apply for loan and in the remaining 4 acres land we construct  school I agreed for it. I registered 1 acre on his name without getting money 25 lac (he said as of know I don't have amount so I pay after six months and I agreed) and remaining 4 acres land I given written note for school construction with sign paper. know 1 year completed he not paid the amount and no school construction done. I'm in Saudi Arab and trying to call him but no answer from last 4 months. I afraid about my land and amount. please help me what should I do next.
Asked 12 months ago in Property Law from United Arab Emirates
Religion: Muslim
1) you made mistake in registering one acre of land in hi s name without  getting the 25 lakhs promised by your friend 

2) how was land registered? was it by sale deed? 

3) what are the clauses in deed regarding default in making payment ? 

4) issue legal notice to your friend   to pay Rs 25 lakhs as per your sale deed 

5) it is necessary to peruse agreement signed with your friend to advise  further 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. You should have taken legal advise before selling your land without receiving money and permitting him to construct the school on your land,

2. Have you executed and registered the Joint Venture Agreement? what are the terms you have mentioned therein?

3. If there is no agreement executed by you, you should immediately write him withdrawing your consent for his building the school on your land without your receiving the said amount of Rs.25 lakhs,

4. Come to India for a few days and lodge a police complaint against him for cheating you. Have you mentioned in the sale deed that you have already received Rs.25 lakhs cash as consideration?

5. File a recovery suit against him,

6. Execute and register a POA in favour of anybody in India to del with your cases in your absence,

7. If police does not take any action, file a Writ Petition before the High Court against police inaction seeking remedy.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hello,
1) It is pertinent to know if there was stipulation in the sale agreement of the acre that the consideration would be paid at a certain time.However in the absence of any record of Rs.25,00,000/-in consideration passing to you from your friend you need to immediately send a legal notice to him demanding the payment immediately.

2) In the absence of any partnership Deed you have signed with your friend you need to take steps to see that he does not indulge in activities that will have adverse effects for you..

3) If you are not able to come down in person you can give POA to a relative of yours to conduct the legal affairs and pursue the matter for you.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
You acted in a bizarre manner by registering the property in his favour without getting the sale consideration. Now if you file a lawsuit for recovery of money against him he will say that he paid you the money in cash. The onus to prove that no consideration has been paid will be on you. Furthermore, the delay of more than 1 year will also cloud your claim with suspicion. You can file a lawsuit if you want to get your money, but the prospects are very bleak.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Have you entered into any agreement for payment of the consideration amount?
If not then what was the basis of registration of sale deed in his favor?
Whether there was any sale agreement made between you both?
If you dont have any proofs that he has to pay you the amount, then  have very less chance to recover money from him.
Whatever worth it is, first of all issue him a legal demand notice asking him to pay the consideration amount as promised at the time of registration, wait for his reply and see if he is committing to the payment if yes, then you can climb the ladder on that basis for either recovery of money by a money suit or by filing a suit to cancel the registered sale deed for not paying the sale consideration amount. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
file a suit for cancellation of sale deed. 

Prepare atleast two witness for proving the fact that sale amount was agreed to pay within 6 months and in default of payment sale deed shall be cancelled. 

Send a legal notice for cancellation of agreement of construction of school and claim 50 lakh as a compensation for breach of contract because construction not started within stipulated time. 

Co-relation with remaining land with the land sold is necessary to prove transaction  otherwise sale amount cannot be recovered. 

consult a good lawyer of your city and initiate legal proceeding immediately.  
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Hi, once you sold the land and it was registered in his name then it is very difficult  to ask  money   now as the sale deed was registered in his name.

2. Do one thing file a Private Complaint under section 200 Criminal Procedure Code before the Magistrate for  offence under punishable under IPC for fraud and breach of trust.

3. So that you can put pressure on him to get the money back.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Your lawyer is not guiding you the properly about the court fee to be paid for injunction suit.
Further, the court fee shall be paid for the guidelines value of the property and not as per the value to what it is being sold.
No doubt the white paper agreement is of no value but if the property is in his possession, you may have to file an ejectment or eviction suit against the illegal occupier and claim possession. 
Whatever it may be the court fee quoted by your layer sees to be exorbitant, you may consult and take a second opinion from some other lawyer.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. Send him a letter that you are not willing for any school construction agreement since he has not paid you the amount of Rs.25 Lakhs towards the consideration of 1 acre of land,

2. The note in plain paper can not be called as a valid agreement as stated in my earlier post. This agreement can not be executed by him for want of registration and for non compliance of other formalities required to execute and register an Agreement,

3. Do not worry for the 4 acres. Ask your lawyer to file a complaint and also a case for non receipt of Rs.25 Lakhs only.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) since your friend is refusing to pay you Rs 25 lakhs you have no option but to proceed legally against your friend 

2) file complaint of cheating , criminal breach of trust against your friend 

3) it is necessary to peruse joint venture agreement signed by you to advise 

4) if document is not stamped it would not be admissible in evidence 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Your lawyer is right. You should seek injunction immediately on the remaining property lest your so called friend usurps it. E-bond is the court fee that you are required to pay on the value at which the property has been registered. I
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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