Recovery of beana done on ordinary green paper
Ravneet
(Querist) 22 May 2018
This query is : Resolved
In november 2017 I had entered in contract with property dealer for purchase of plot and 2 shops .For that I had paid 5 lakhs as token money.23.5.2018 is last date to get registry done.Beana was done on ordinary green paper with 25 rs stamps through cheques
Now I came to know that colony is not authorised and noc is not obtained by coloniser .Punjab govt also issued notice in april 2018 that that no one can built or construct on unapproved colony. No one can develop such colony also
Now, can I get my token money back or extend beana period to wait and watch. Coloniser pressuring me for sale deed
Ravneet
(Querist) 22 May 2018
In november 2017 I had entered in contract with property dealer for purchase of plot and 2 shops .For that I had paid 5 lakhs as token money.23.5.2018 is last date to get registry done.Beana was made on ordinary green paper of 25 Rs stamp ticket
Now I came to know that colony is not authorised and noc is not obtained by coloniser .Punjab govt also issued notice in april 2018 that that no one can built or construct on unapproved colony. No one can develop such colony
Now, can I get my token money back or extend beana period to wait and watch. Coloniser pressuring me for sale deed
Kumar Doab
(Expert) 22 May 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 22 May 2018
If state govt has placed restrictions then registering the sale deed might also be barred.
Check in person from SRO.
If possible amicably extend the sale deed or ask to pay back the byana.
Try to resolve amicably.
If seller does not agree then approach your local counsel as already suggested.
Ravneet
(Querist) 22 May 2018
State govt has issued notice to nit enter in any agreement in non authorised colony.but recently tehsildar has started registry registration for that colony withiut noc. But I fear govt will nit allow any develooment in in my plot..tomorrow is last day..what can I do..can I file suit
Ravneet
(Querist) 22 May 2018
State govt has issued notice to nit enter in any agreement in non authorised colony.but recently tehsildar has started registry registration for that colony withiut noc. But I fear govt will nit allow any develooment in in my plot..tomorrow is last day..what can I do..can I file suit
Ravneet
(Querist) 22 May 2018
State govt has issued notice to nit enter in any agreement in non authorised colony.but recently tehsildar has started registry registration for that colony withiut noc. But I fear govt will nit allow any develooment in in my plot..tomorrow is last day..what can I do..can I file suit
Ms.Usha Kapoor
(Expert) 23 May 2018
If possible amicably extend the sale deed or take back the Bayana.
Guest
(Expert) 23 May 2018
You may forget about recovery of bayana unless the owner agrees upon your request. Extension of date for execution of sale deed depends upon mutual consent of both the seller and buyer. If the seller refuses for extension, you will not be able to take any action against him, as you were required to check about the fact of approved or unapproved land for further development privately. Registration of sale deed of property cannot however be denied by the sub-registrar.
However, if the land is not so far acquired or intended to be acquired through an official gazette, you have the right to fight your case with the Government as per the provisions of the constitutional right to property. You can acquire the property.
Usually unapproved colonies get developed first and after several years the Government, as of political motives and pressures, approves the same by levying development charges.
Kumar Doab
(Expert) 23 May 2018
Your issue is with whom Property dealer or colonizer?
The state govt might have issued clear guidelines/notifications/ordinances etc for said NOC, and for development of colonies that might be available on website of state govt dept. or even known to senior deedwriters, and certainly to very able local counsels and they can help and guide you further.
Tehsildar might have started registering sale deed upon directions from govt.
The way forward is to be found from LOCAL counsel and therefore meet such counsels in person.
Check at Local O/o Tehsildar, Civil Courts, HC…
P. Venu
(Expert) 23 May 2018
Is the notice or notification is with specific reference to the property in you propose to purchase?
Ravneet
(Querist) 28 May 2018
No.tehsliar is issuing registries.Around 25 people have got done registries. Colony is situated in a village outside the preview of puda.But coloniser has not got the colony approved from Authority/puda.
