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I have a query about the our property. Please advice.
17-May-2023 (In Property Law)
We are living in small village at AP. My father paid 80,000 to his brother in 2015 Nov for the home on the condition that my fathers brother have to leave the home in 1 year. But its already 1.5 Y but he not left the home. As the home is old and in small village there is no registration (it cant be done) only agreement is done on bonded papers. He is ready to pay the amount back but we are not interest in taking the money back.he is not paying rent for us to that as well. we are staying in a rented house. what to do to have the house to us with in less time. How much time it will take to vacate the house.
Sir,
Agreement of Sale is to be registered. But you told that you have not done registration. You can file the specific performance of the contract. Due to the non payment of stamp duty, the court may direct you to pay the stamp duty with penalty during the proceedings.
Now you are saying you are ready to do purchase . So you proceed by issuing a notice to the other side calling upon them to full fill their part performance by hand overing the property. If they denied, then file a case under specific performance of contract. Here the witness who singed the Agreement of Sale will play more role.
Agreement of Sale is to be registered. But you told that you have not done registration. You can file the specific performance of the contract. Due to the non payment of stamp duty, the court may direct you to pay the stamp duty with penalty during the proceedings.
Now you are saying you are ready to do purchase . So you proceed by issuing a notice to the other side calling upon them to full fill their part performance by hand overing the property. If they denied, then file a case under specific performance of contract. Here the witness who singed the Agreement of Sale will play more role.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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