File suit for specific performance to direct Shanta D to execute registered sale deed in your favour 

seek stay order restraining builder from giving possession of flat to Shanta de

Dear Client,

You need to take immediate and aggressive legal action. Your primary goal is to compel Shanta Devadiga to execute a registered Sale Deed in your name.

1. Trace and Secure the Original Sale Agreement:

• This is your top priority. Without it, your claim weakens significantly.
• Exert pressure on the middleman. If they don't cooperate, a legal notice or even a police complaint for criminal breach of trust or cheating might be necessary.

1. Send a Legal Notice to Shanta Devadiga:

• Through a lawyer, send a formal legal notice to Shanta Devadiga.
• Demand Specific Performance: The notice should demand that she immediately execute and register the Sale Deed in your name as per the terms of your agreement, for which you have already paid the full consideration.
• State Consequences: Clearly state that if she fails to do so within a specified period (e.g., 15-30 days), you will initiate legal proceedings against her.
• Refer to the provision of Part Performance ( Section 53A of Transfer of Property Act, 1882): You having paid the full consideration and you are in possession of the flat, you are entitled to the  doctrine of part performance. This implies that you can not be evicted by Shanta, and you can protect your possession. Nevertheless, in the state of Maharashtra and section 53A has been amended in the year 2001 declaring that the agreement must be registered so as to enjoy a protection of part performance. This is an important aspect. In a case where your agreement is not registered, then your protection under 53A is very weak.

1. File a Suit for Specific Performance:

• In case such Shanta does not adhere to the legal notice, go to the Civil Court and file a Suit at once Specific Performance of Contract.
• Reliefs Sought: In this action you will request the court to order the Shanta Devadiga to sign and register the Sale Deed in your favour.
• Injunction: At the same time, move an application seeking an interim injunction to prevent any third party rights over the flat or dealing there with in any manner until the suit is finally compromised. As well, sue to enjoin builder on, not doing anything with regard to the flat, which would impair your rights e.g. property being registered in name of Shanta so that they can redevelop it without protecting your interest.
• Evidence: Your original bank payment proof, any communication with Shanta, the copy of the sale agreement (if you have it), and proof of your possession are crucial. You may also need to call bank officials as witnesses.

1. File a Police Complaint (as a last resort for the agreement document / for fraud):

• If the middleman continues to withhold the agreement and you suspect foul play or cheating from either the middleman or Shanta, you can file a police complaint for cheating (Section 420 IPC) and criminal breach of trust (Section 406 IPC). This is generally a last resort, but it can sometimes expedite the return of documents or compel compliance. Be prepared to provide all evidence of your payment and the agreement.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Shanta has cheated you by false promise of sale of property to you and once the loan was cleared, she showed her true face.

Now this can be considered as an act of cheating for which she will be liable for legal consequences.

However lodging a criminal complaint may not . fetch you the desired relief and you may not be able to get the property.

Therefore you can file a suit for specific performance of contract on the basis of the registration copy of the sale agreement obtained from the registrar office and also file an injunction application against the seller as well as the builder to restrain them from progressing with the proposed redevelopment activities. 

1. File a Police Complaint immediately for cheating and criminal breach of trust against the middleman and Shanta, since you paid ₹17.5 lakhs and have no sale deed or agreement in hand.

2. Send a Legal Notice to both Shanta and the middleman demanding return of the sale agreement or execution of a proper registered sale deed.

3. Approach a Civil Court in Vasai/Palghar for:

   • Specific Performance Suit – to compel registration of the flat in your name based on the sale agreement and your payment.

   • Injunction – to stop Shanta or builder from transferring the flat to anyone else until the case is resolved.

4. Collect Evidence: Keep proof of payment to the bank, communication with the bank, and any messages or witnesses that support your agreement with Shanta.

Time is critical. Act fast to prevent further transfer or loss of rights in the redevelopment. Let me know if you need a draft complaint or legal notice

You need to approach court seek injunction against builder 

You shall have to file a suit for Recovery of Money from Shanta since you do not have the copy of the unregistered sale agreement which would have enabled you to file a suit seeking specific performance..

• File a Police Complaint (FIR) for Cheating and Criminal Breach of Trust (Sections 406, 420 IPC):
  Shanta took your money, executed a sale agreement, and is now denying registration. If the middleman refuses to return your sale agreement, name him in the complaint too.

• Send a Legal Notice:
  Through a lawyer, send a legal notice to both Shanta and the middleman demanding:

  • Execution and registration of the sale deed.

  • Immediate return of the sale agreement.

• File a Civil Suit for Specific Performance:
  Approach the Civil Court at Vasai or Palghar and file a suit seeking:

  • Specific performance of the sale agreement.

  • An injunction against Shanta from dealing with or selling the property to anyone else.

• File an Application with the Redevelopment Builder:
  Submit an application to the builder stating the entire background, attach your bank payment receipts and the FIR/legal notice copy. Request them to withhold handing over rights or registration in Shanta's name till the dispute is resolved.

• Keep Evidence Ready:
  Gather all payment proofs (bank receipts, UPI/RTGS transactions), communications with the bank, the builder’s written position, and any messages/emails from the middleman.

  In case you need my assistance in the matter I can be contacted on 

   

   

  Regards,

  YUGANSHU SHARMA

  SYS LAW OFFICES