Land lord not want to come for full registry
Rajeev Ghoshal
(Querist) 15 May 2014
This query is : Resolved
Dear Team,
For the complete scenario i would like to describe in point wise -
1) My landlord has applied for a "Development Authority" quarter and got this with INR - 25,000/- cash and INR - 125/- month installment for 20 years in the year of 1985 (But the Registry was not done).
2) We took his quarter in rent 6 years ago approx.
3) After this we would like to ask him for sell this property to us. and he has ready to sell this only for 50,000 rs.
Now the scenario is, why he is ready to sell with a lowest price? because we were ready to pay his all debt which was -
a) Development Authority pending installment - 80,000/-
b) Electricity bill pending - 2,80,000/-
c) Water and sewer tax and bill pending - 40,000/-
d) House tax - 20,000/-
Before paying these debt and pending bill we have made a Indemnity bond/Agreement (Along with the photograph of seller and buyer in 5000/- Stamp paper notarized and signed by the collector and advocates)where it is clearly mention that he is selling this quarter to us with 50,000/- rs and now is the owner of this house and he can pay all my debts.
In this agreement it has been mention that there is 1 year of time where the owner can come and do the formality of registry for himself and for renter also. If the buyer will not come for registry in any how, then it can be done by court itself.
Now, we have done all the payments and some re-innovations at the house on behalf of that.
From last year to till date we are continuous asking him to came and do the registry for himself so that we can do the registry for us also, but he is not ready to come.
My question is Now what we have to do? and can we go to the court and file a case on behalf of that agreement??
This agreement have any power??
Devajyoti Barman
(Expert) 15 May 2014
You have to file a suit for specific performance of contract to get the registration done.
Anand Bali Adv.
(Expert) 15 May 2014
Yes! i agree with Mr Burman's view.
Since it is still an agreement and not been enforced by law it needs a push in the court to become Contract and thus he has to perform all the liabilities of his end as hyou already has performed your side of all liabilities of the agreement.
Specific performance is needed in this case.
Always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal and choice.
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
Rajeev Ghoshal
(Querist) 16 May 2014
Thank you very much sir. I will proceed for the next procedure accordingly.
T. Kalaiselvan, Advocate
(Expert) 16 May 2014
Dont know how far the unregistered agreement will be valid in law, whatever worth it is, you may file a specific performance suit seeking the court's direction for performance of his part of the contract, with some alternate clauses for refund of money spent/given to him so far in this regard with nominal interest till the date of disposal of the suit.
Raj Kumar Makkad
(Expert) 18 May 2014
I have also the similar opinion as expressed above.
Rajeev Ghoshal
(Querist) 19 May 2014
Dear T. Kalaiselvan Sir,
Please let me know the term of "unregistered agreement". As I have made my agreement in the district court via legal procedure which met all the terms and condition applied by a court for a complete agreement.
While I have already stated that after this agreement we didn't go for any specific performance suit to the court, as per the agreement till one year. Now, would like to know if this agreement is an unregistered agreement, then how can we make it a registered agreement.
