Seller not giving possession and earlier title deeds
I have purchased a House vide registered Agreement for Sale at total consideration of Rs 48,00,000/-.and I have paid the full amount to the Seller BUT at present Seller is not giving us Possession and earlier Title deeds and demanding additional amount for doing so.The earlier Title deeds are still with bank of Seller as he has loan on the property.
Kindly let me know that whether I can file an FIR with police or not and IF yes then under with section .i want criminal case as civil case takes a long time
Asked 6 months ago in Criminal Law from Mumbai, Maharashtra
1) you should file suit for specific performance to direct seller to execute regsitered sale deed in your favour and to deliver possession as full consideration has been paid
2) also to direct seller to hand over all original documents of title
3) you can also file police complaint against seller for cheating , criminal breach of trust under section 406, 420 of IPC as he has failed to execute regd sale deed and deliver possession inspite of full consideration having being paid
it will be better for you to approach consumer forum. its procedure is very short and it gives judgment in shorter period than regular civil court.
if you want to file FIR you can file it under section 383 IPC
Why did you purchase the property in question if it is still mortgaged with the bank? A mortgaged property cannot be sold without the consent of the mortgagee. The bank may have allowed you to pay the loan in entirety and allowed the transfer of title subject to this condition. If the permission of the bank has not been obtained then the transfer of title is illegal. You may file a suit for recovery of money against the seller, apart from filing a criminal case for cheating and criminal breach of trust.
There can be no criminal case maintainable on this.
You can file a suit for specific relief or specific performance of contract and also you may drag the vendor to court seeking damages for the mental stress and agony he caused to you by this.
The civil cases would certainly take time.
The police if agrees to take action, you may file a cheating case against the vendor