I (Buyer)have initiated a purchase of 2 Pvt. Builder floors in a same building, the person representing other side (Seller) is the Brother In Law (Dewer )of the owner for the property no 1 (Gr. Floor) & husband of the owner of property no 2 (Upper Gr. Floor with Parking) as due to taxation issues he said he had registered the property on his Sister In Law (Bhabhi) & on the name of his wife respectively.
I agreed to purchase both the properties on a cost of 40Lac for Property No 1 (Gr. Floor) & 1.20Cr for Property No 2 (Upper Gr. Floor with Parking) & paid conformation token on 23rd September 2012 we both(I my self & the Representative ) agreed that possession will be given only on the payment (Cost of Property) completion of both the properties respectively along with registry. The date for final payment was decided as end of March 2013 for Property No 1 (Gr. Floor) & April 2014 for Property No 2 (Upper Gr. Floor with Parking). I have made the complete payment of Rs. 40Lac & got the possession of Property No 1 (Gr. Floor) on April 2013 as the final payment was made for Property No 1 (Gr. Floor) & by that time, I have paid only 12Lac as there was time of around 1y for the final payment of Property No 2 (Upper Gr. Floor with Parking).
We both (Buyer & Seller) discussed regarding the registry as the Property No 1 (Gr. Floor) is a separate unit, then he suggested to get the registry of both the property can be done all together to save the hassle & time, which seems fine to me as till then it look like a genuine person.
Now the by the time reaches to December 2013, a major theft happened at my business retail unit witch took me to major loses resulting in major financial crunch because of which it seems impossible for me to arrange the money required to pay for the cost of Property No 2 (Upper Gr. Floor with Parking) I went to see the representative(Seller) of the property & told him the condition but he suggested me to take some more time to arrange money to pay the balance cost of the property, he even offer me to take extra time if I agreed to pay the interest in case of further delay in payment.
As situation didn’t seems improving, so I went again to him (Seller) clarify the entire situation & requested him to get the registry of the Property No 1 (Gr. Floor) which was already under my possession & requested him (Seller) to refund the advance of Rs12Lac being paid against the token/Initial amount to purchase Property No 2 (Upper Gr. Floor with Parking) as I my financials was not in good position.
Now this is where the problem started – He completely refuse to get the registry of Property No 1 (Gr. Floor) & told me to take Rs.30Lac & give back the possession of Property No 1 (Gr. Floor) or arrange to pay the cost of Property No 2 (Upper Gr. Floor with Parking) which is 1.08Cr & get the registry of both the properties as will sell both .he property to only one owner.
Now this case is been stuck between both of us since June, 2014 where I am pleading him the to get the registry of Property No 1 (Gr. Floor) & he is still insisting that either I have to purchase both the properties of or have vacate the Property No 1 (Gr. Floor) & take Rs.30 Lac immediately which I am not agreed on, as both were different properties with two different owners.
Recently in March, 2016 we again had a discussion to resolve it, where is proposed that – he will refund Rs. 40Lac out of 52Lac being received by him (Rs. 40Lac against Property No 1 & Rs 12Lac against Property no 2) but will pay Rs 8Lac immediately & rest amount in 32 monthly installment of Rs.1Lac each making it a total of Rs.40Lac but insisted to take back the possession of Property No 1 (Gr. Floor) at the time of making the first down payment.
Please help me in resolving this case as this thing is getting dirty day by day because now he has started threatening me to take the possession by his own by breaking the my locks in my absence as I am acutely using that place as my go-down.
Three days back he(Seller) again called me & insisted to hand over the possession of the Property No 1 (Gr. Floor) by accepting his final offer of taking Rs. 8Lac & Post Dated Cq of Rs.1Lac each for next 32months, Which I refused & told him that I just want to retain the property with me, then on this he said he will send a notice from the court to vacate the property.
Please help me & advise the best step to take in this regards, as this thing is putting me in depression, mental agony & financial insecurity of life.
Looking forward to earliest concern & advice