Seller is Denying registry after receiving money
15-May-2025 (In Property Law)
Hi,
In 2021 I bought a land worth Rs 10 lakh and agreement was expired after 11 months. Later the seller sold that land to someone else.
Now in 2024 Sep , when we asked for registration he offer another land with more area plus 9 lakh rupees.
Now in May 2025 , when we are asking for registration he is making excuses.
What can be done here?
U registered two cases against him first criminal case under fraud and criminal breach of trust as he has taking money from u and has executed agreement .The breach of agreement and non returnable of amount is a serious criminal offence .U should have evidence regarding that. Similarly u can file for stay as he cannot be able to sell the land to another person and file a suit for specific performance of contract for doing the registry in ur favour .
if you have entered into an agreement for the sale of land in sep 2024 or have any endorsement on the previous agreement than in that case you can send a legal notice for specific performance of the contract. After that you have a remedy to file a suit for specific performance before the civil court .
Since the original agreement to sell expired and the seller later sold the land to someone else, but offered you alternate land with compensation (more area + ₹9 lakh), this constitutes a new oral agreement or modification of the original contract. If you have any proof of this new offer (messages, witnesses, receipts, etc.), you can enforce it legally. As the seller is now avoiding registration, you can issue a legal notice demanding specific performance of the new agreement. If he fails to comply, you can file a civil suit for specific performance under the Specific Relief Act, 1963, or seek compensation for breach of contract. It is crucial to act without delay, as limitation periods and legal validity of oral contracts are important factors. Let me know if you'd like to proceed with drafting the notice or filing the case.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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