Seller of land is neither giving possession nor the money back
27-Jul-2023 (In Property Law)
Had purchased a land from a known person. Have not received land and not getting my money back. Have only agreement to sell, paid 0.1 % in sub registrar office for the same and document is stamped and signed. Three types of payment mode was used for making the payment. 1. Cash deposited in his account, I have deposit slip stamped by bank and his mail acknowledgement. 2. Online transfer, I have bank statement for the same. 3. Cash, acknowledged by him in the agreement. I have all mail transections & call records available with me. Now, seller is not answering my call, responding to mails, not staying in the agreement location. This payment was done in 2012 and agreement was executed in the year 2015, since he was not signing the agreement after taking the money. As per agreement, seller was supposed to give some money back every year till the time he handovers the land. Approximate cost. of the land is 4L. Please suggest.
1. You can sue for specific performance of contract to make him follow the agreement to sale. Need to look into clauses in which time period to deliver the land will be mentioned.
Or
2.If the seller is fraud or if there is land dispute, To sue for Recovery of money from him with Interest and compensation.
Both course of action shall first be initiated by way of Notice by an advocate.
-Advocate Jamal Sait
Or
2.If the seller is fraud or if there is land dispute, To sue for Recovery of money from him with Interest and compensation.
Both course of action shall first be initiated by way of Notice by an advocate.
-Advocate Jamal Sait
Since you have an Agreement to Sell, subject to the Agreement being lawful, you can file a Suit for Specific Performance of the Agreement for either the conveyance of the property itself or return of the money along with interest. I advise you to proceed with the filing at the earliest to avoid restrictions due to the lapse of such a long time period.
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