ravi 11 November 2018

Advance took for land but registration not done

Hi experts Please help me on this issue. I will explain every thing in detail. My brother has taken the advance of Rs 2,00,000 from Mr Raj for selling a land and the buyer has took sign on 100rs bond paper that advance given rs 2,00,000 for land remaining any thing will be given at the time of registration of land and took "original land papers" which are on my brother name. "This was made in the year 2003" and till now registration is not done. Now my brother want to sell the land to others and made a gift DD on his wife name and took certified copy as original land documents was taken by Mr Raj (buyer in 2003). Mr Raj has come now and telling that land belongs to him and he is telling that he filed a case in court in a week and gave court case number. Now please tell me experts that land belongs to whom? to my brother or to the buyer Mr Raj. Advance agreement was made in 2003. How can we proceed to get our land back.

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manoj 11 November 2018

As per your query advance paid in the year 2003 but registration not yet completed. The specific performance suit may be dismissed. Since 2 1/2 year delay in filing specific performance suit is refused by Supreme Court.

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