You have to move civil court and seek refund of money paid by you with intetest . In said suit make purchaser party to the suit
2) you should also seek injunction restraining purchaser from carrying on further construction on the land
Cheating and 420
I had entered into a sale agreement for a site by Paying full amount and have original Sale deed of Seller but I couldnt register as the Seller was not coming forward to register . on investigating I found out that he has already Sold and registered my property . Now on the basis of Sale deed Sale agreement and Payment Mode I have filed a case and recently evidence was done . A few days back I visited the site and found that the Present registered owner has started construction after that I clicked Some Pictures of before and after Construction to Produce to the Court . kindly advice
Asked 7 years ago in Property Law
Religion: Muslim
6 Answers
when the registered sale deed executed to third party whether before entering or after entering sale agreement by you. it sale happen after entering sale agreement by you then you are having very good chances to get property by filing a specific performance suit
1. You should have enquired about the status of the property by conducting registry search before making payment or agreeing to buy the same,
2. However, it is a clear case of cheating for which you shall have to lodge a police complaint and register a FIR against the seller,
3. If police fails to act, file a writ petition against police for its inaction,
4. Simultaneously, file a damage suit claiming refund of the amount you have paid to the seller with interest, damage and cost.
Hi
You have already taken legal steps to resolve the matter
The photograph s will help you to substantiate your claim and prove the case in the court.
Your narration tells that the property was registered to a third person by the seller before he sold it to you. so such situation you can't stop the construction ,he has the legal title and ownership with possesion, as the property was sold to the person before your deal.
You have to be compensated by the seller .
Finish the trial and wait for the orders.
Depending on the order you should take next step.
1. Nobody pays the full sale consideration at the time of signing the agreement to sell, it is not clear why you did this. Be that as it may, as the prospective buyer it is your duty to ascertain whether the title of the property that you intend to purchase is free and marketable, a duty that you seem to have miserably failed in. It will be an uphill task to recover the sale consideration as the seller can carry the matter in appeal right up to the Supreme Court of India.
2. How are you aggrieved by the commencement of construction on the disputed site? Have you sought an injunction against him to restrain him from starting construction?
If you have already filed a suit for specific performance of contract, then you may file an application seeking injunction restraining the defendant from alienating or grant of stay of all constructional activities in the site till the disposal of the suit.
The photo evidences will support your plea seeking injunction or grant of stay.
