Breach of Contract of Sale of house by the seller.
I have signed a contract for purchase of constructed house in our locality, the house is constructed on layout converted plan, single story. The house is in the name of husband of the seller, but he died many years before. The "property Card" is not in the name of his husband nor in her name. Only sale deed or registration is available in his husband's name. I have signed a contract of purchase with her in the presence of 2 witnesses on 100 Rs. stamp paper. In the contract, we I have not mentioned the date of execution of the sale instead left the space blank for date. But further it is mentioned in the contract that after preparation the property card in the name of seller from the concerned department (here we call it "Bhoomi Abhikeh Vibhag" Govt. of Maharshtra) and all the other required documents along with Municipality Tax etc. the sale will be executed by me immediately within one month from the date of preparation of the complete documents. I have paid the amount of Rs. 1,85,000/- at the time of making contract and the same is mentioned on the stamp paper. The total cost of the property was agreed to Rs. 10,00,00/-
One year and 4 months have been passed, but no "property card" is prepared by the seller, and no other document is given to me. Now she is saying that she not interested in selling the said property any more to me. She is agreed to give my money back to me within one month.
Now my question is, it is the breach of contract or not? I am ready to take the property if all the documents are ready, but she is refusing to sell it.
What action i can take against her?
Can I serve a notice to her by my self or through a lawyer?
What compensation i can claim from her?
Can I file a FIR, or law suit against her?
Please guide me.
Thank you very much.
Iftekhar Ahmed Shaikh