how can i take my property from the previous owner?
I finalized arnd 6acres land near vellore dist, tamilnadu, from a land owner which he received recently (Feb2015), by his family partition(ancestral property). He has 3 sons. He wanted to sell his land. my self and him executed an sale of agreement and registered the same saying, the seller received advance, n will make sale deed within 3 months from the date of agreement. Now almost 80 days gone, he is not responding, not attending my call.. Shall I move to court. With the agreement of sale registered between myself and him (without his sons) shall I pay remaining amount in court n get it
You should first sent a legal notice intimating him about your willing to pay the balance sale consideration amount and thereby directing him to come and execute the Absolute Sale Deed. If he does not respondent then you can file a Specific Performance Suit against him. In the said suit you need to make him as the defendant or those who have executed the Agreement to Sell in your favour.
Advocate Jagadish NAdugodi, Bangalore
Hi sir/madam, as per sale agreement you have to issued a legal notice to the vendor(seller) through advocate to come and execute the absolute sale deed infavour of you in respect of schedule property which is mentioned in the sale agreement, if the vendor has failed to same thereafter you have to fie the civil suit for specific performance against him before the jurisdctional civil court... it is the procedural law... you have to good case on merit...best of luck.
Advocate Chandrashekhar Vithal JadhavKamakshipalya, Bangalore
Issue a legal notice immediately informing him of your readiness to pay the balance amount and proceed for registration, if he does not reply or agree for your demands, then proceed to file a suit for specific performance of your sale agreement seeking for registration forthwith with the help from the court, immediately after filing the case deposit the balance amount into court showing your readiness to complete the registration, this will go a long way in determining the suit in your favour.
Advocate Kiran N MurthyIndiranagar, Bangalore
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