Property Owner neither providing documents for sale nor advance
I planned to purchase a flat. So met with the owner and finalizes at 1.6Cr. Then we agreed to give the Owner 1.5Lac cheque as token. And he soon tells us that his share certificate and original agreement are with the bank as he has taken loan against property. So the loan settlement amount was 10Lac. Also he says that he already has dues on Society amounting to 13 Lac. Moreover Society has filed a case against him. The guy was pretty much broke. We still decide to move ahead and made a MOU.
Next we give owner 10Lac as cheque as next installment with which he paid of the bank and as mentioned in MOU handed over the original agreement to me. But as it turns out the share certificate was not present in the documents that bank returned. So as per the MOU we asked him to provide the Share certificate. He says he is looking for it and 2 weeks later says that it's misplaced. Suspecting he may have taken some money on share certificate we asked him to get the share certificate before we proceed and pay any more money. Now since he was a defaulter in society they didn't cooperate in providing duplicate share certificate. Moreover he stopped caring about the deal and wasn't returning calls. When i met him in person he said that we pay 13 Lac more so he could pay his society dues and then the society can start the procedure for duplicate share certificate. Now we didn't want more money to be stuck there we said we won't move ahead and pay you more money unless you get your share certificate and show it to us.
Now this is where the situation is stuck. He told us to cancel the deal and he would return us our money. But its been 6 months now and he has not returned us our money.
So all in all right now i have an MOU sighed by him.
I have his original sale agreement which was mentioned in the MOU to be handed over to us.
I have paid him 11.5 lac in 2 cheque payment.
Now i dont care about the property. How could i get my money back?