dileep (mt) 18 July 2018

What can be done if seller denies showing us the plot location

Hi My father purchased a plot from somebody 10 years back. At that time, it was less developed area full of tress, etc. In the recent years, we (sons) came to know about this piece of land. When inquired, our father told me that the seller did not handover sale deed because of some extra payment demand. We have recently obtained Certified Copies of sale deed and approached the seller for out of court arrangement to settle the issue. He was so adamant and asked for extra 5 to 6 lacs to settle the issue (by the way, land is 300 Sq Yd). He was saying.. we cannot do anything as we do not know which plot is ours (my father clearly does not remember as it was 10 years past the sale) and he will only show us the plot only if we pay him up. What can we do. We prefer non-court way first. If not, then how to proceed in legal way.

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11 Replies

Raghav Arora 18 July 2018

Hi!Thanks for the question!
As I can read the issue, it is certain that a non-court agreement is a far cry. What you can do here is that, try to locate your land through the info on the certified copied first. You can file a complaint with police so they can help you in the matter and make the seller find a tongue. If that does not work, issue legal notice to him and then proceed to the district court with the matter. The case is not a cumbersome one and if you engage a good lawyer, you can easily get your land. If you can firsthand record the seller on the phone somehow aur record him live, the duration of court shall cut short.
More certain advise can be given if the minutes of the case are furnished.
Good Luck!

Dr J C Vashista (Advocate) 18 July 2018

Obtain exact details of the plot and certified copy of sale deed. Thereafter issue legal notice through a local prudent lawyer to the vendor to handover peaceful vacant physical possession of the property, which he shall not react, then move to the civil judge for possession.

Kishor Mehta (CEO) 18 July 2018

Usually the details of the property are specifically defined in the sale agreement.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 18 July 2018

There are two things here. Legally speaking you may have all the right to locate your site and deal with it as you deem fit. However, reality is different. Can you go the legal way and sustain the matter with the seller, who by your descripttion, seems to be a real estate business man.

As already suggested above, the certified copy of sale deed shall contain in the Schedule the descripttion of the property with boundaries marked like East, West North and South with other plot numbers and/or names of the other owners. Try with local people and locate the property. You may also contact local revenue officials and seek their help and assistance in locating the land.

Normally, a right which is slept over, shall no longer a right. Ten years is a very long period and if there was a dispute with regard to registration and payment of balance, it should have been settled long back. Try to settle the matter out of court as far as possible.

R.Ramachandran (Advocate) 18 July 2018

Totally confusing facts:

1. The querist says that they have recently obtained Certified Copies of sale deed.

2. If Sale Deed is there, that means, the property stands transferred in the name of the father of the querist. If that be so, first and foremost where is the question of any dispute? (ii) where is the question of the seller being adamant and asking for extra 5 to 6 lacs to settle the alleged issue?

The querist has to come with clear facts.

abhishek sharma 18 July 2018

the first way available to you is get NCR that your original documents have been misplaced. Now go to Revenue Officer ie Patwari and ask him to locate your property as you have ownership document so this will work. you have to pay some demarking charges.

the second better and sure shot way is file a injunction suit making the property dealer as a party and in the suit mentioned any property that the dealer said this is your property but actually on the spot someone else is living there so prayer is made to the court to direct the dealer to locate our property and also claim in the suit that dealer has our property papers. If he say yes he has then he has to give us the papers if he says no then automatically our certified papers becomes valid!

abhishek sharma 18 July 2018

also advertise in newspaper that you have lost your property papers and the founder of papers will be rewarded. another way of defence can be that someone found the papers and unknowingly gave to to the seller instead of buyer(us) and the seller is asking for money then he will give the original documents. so go for any one line of action👍

dileep (mt) 18 July 2018

Hi Ramachandran

At the time of sale, after registration, he was demanding more money than committed to handover registration papers which were with him at that time. My father stood his ground to not pay more than the agreed amount and the sale deed remained with him.

Yes, registration is over and property got transferred legally to my father, but now we really do not the know physical location of plot, and for that reason, we approached the seller who now is demanding more money which my father initially refused to pay.

This land was sold by a group of 4 to 5 individuals (I mean they came together and developed plots, etc) and they all live in the same place where we have land. Apart from them, nobody else has constructed houses there yet. So, we have no way to find out the location of plot except to ask the seller(s).

These are open plots and not a gated community.

There is NO ILLEGAL thing here, but you know my father just did not care about it to settle this in time.

If you need any more clarification, please let me know.

dileep (mt) 18 July 2018

thank you all for taking your time and giving me your valuable suggestions.. I will speak to some local lawyer and see what he has to say about this..

thanks again.

R.Ramachandran (Advocate) 19 July 2018

In the certified copy of the sale deed, whether any layout plan of the plot is also attached?

R.Ramachandran (Advocate) 19 July 2018

In the certified copy of the sale deed, whether any details about the approval No. date etc., of the layout plan mentioned?

In any case, if I were in your position, I will not pay even a single penny to the seller. When the seller has already executed a valid sale deed, the question of paying anything further to him simply does not arise.