Denied registration of property after taking advance

This query is : Resolved 

25 May 2019

My uncle offered us a property (1 acre agricultural land) for sale as he was in need of money 3 years back. The cost of property was 1.3 cr and my father gave an advance of 35 lacs. An agreement on 10 rs bond was signed by both parties and it is written there he has taken advance. Two witnesses also signed the document. A day was fixed for registration in court and my father bought all stamp papers etc required for the same and rchd in court. But the other party my uncle didn�t reach and denied later for selling the property. My father waited... called him bt he didn�t pick phone. My father came back at home with marking attendance in court ( he was not aware it has to be done.). With family members we tried to sort out matter but all in vain. Neither he returned advance nor gave property. It is written in agreement document that it can be taken in court under specific performance. We want our advance money back. Time under specific performance will be over in coming July. What should we do. Is there any chance of getting back this money. We don�t have a receipt of advance except on agreement which has signature of seller. As it was a family matter we did not keep evidences and has no idea things would take this turn. Kindly suggest. If we file a civil suit is there some amount need to be deposited in court. Generally how much time this type of court cases take. Kindly guide. Thanks

Dr J C Vashista (Expert)
26 May 2019

Show the document of agreement, stamp papers and attendance sheet to a local prudent lawyer for issuance of a legal notice (if not issued earlier) followed by filing of suit for specific performance of contract before jurisdictional Civil Court.
However, if you are located in Delhi/NCR and your father may feel so, contact me with all documents (on appointment) at:
Chamber No. 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email:

Priti (Querist)
26 May 2019

Ok. Thanks

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