Legal procedure to file a suit for part performance for property


I have bought a400 yards land costing for 24 lacs 2.5 yrs back I have paid almost 22 lacs by cheque or bank transfers.still he(X) is not registering land.when I enquired I found the land alloted to me was registered on another party(Y).when I asked him directly,he made a mou on stamp paper with the X &Y signatures. But that mou wasnot written in a proper way.again when I asked him after finding out that signature on mou is forged.he made another MOU. I am having both the MOUs now.till now he says he will register the land.at present all the lands are sold out and he has got only land mortgaged under muncipal ity.meanwhile we have filed a case against him and fir was raised.he admitted that I have paid him the amount and as I didn't paid him 2 lacs balance he didn't register and will register when mortgage land is released .so is it required now to file a performance suit along with out of order and injunction.if so how much will it cost approximately to file suit , out of order and injunction

Answers (1)


246 votes

Agreement of sale or MOI is executor contract in nature, 2hwrein vendor and gender shall be parties. The agreeemnt if dale or MOU shall remain in force for 3 years from date of execution.Hence do serve a legal notice asking other party to perform his part of obligation .If not file a specific performance suit and please do not that the suit to be filed within 3 years as per Limitation Act 1963.


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