Mr.Pawan: You can treat the agreement as an MOU till registered under delhi registration Act relevant, in your case at Delhi. If you gave authority to builder a power of attorney that authority you can withdraw that power is not under irrevocable attorney.You can issue Legal Notice to the respondent when the matter is under Arbitration at high court, as arbitration is not strictly governed by civil procedure code 1908.So no civil procedure is applicable on arbitrations. Arbitration is not adjudication under substantial laws.
MOU is an agreement falling under Indian contract Act. Even oral contracts are recognized under the Act.
You have to know where is the need of arbitration when there is a breach of contract or agreement as i see from your narration. All breach of contracts can be moved under civil laws as also under criminal laws if you can prove mens rea.
you can even file f i r against the seller for failure to perform under the contract.
Now why you want to register till the sale is confirmed by court. Your moving Arbitration is not an ideal procedure as the seller has alleged criminal intentions on your moneys.
Your notice should be well drafted by a good property lawyer who knows property laws properly. I meam no point you going to cooperative societies lawyer, for everylaw has nuances and citations of judgements. Now please do not try to save money when paying legal fees.Proper lawyer only can save your payments made.
You have been improperly advised to move under Arbitration, as you had not registered your purchase agreement. First ensure your right on property. Registration under stamp Act need not necessarily ascertain your right over property unless the document is recognized both by seller and buyer.
yes now you have moved under arbitration Act 1996 i presume. Before moving apponting arbitrator you should have issued arbitration notice to seller your intention for arbitration and it seems you moved directly to High court for appointment of arbitrator that is inded irregular approach. After all court performs only administrative function in appointing arbitrator. Most High courts would not have admitted your application unless you adopted proper procedure but it appears you seem tohave used some influential lawyer to get arbitration application in the court.
you should realize arbitrator appointment and his decision need not necessarily a court order but some mediation unless arbitration agreement is counter signed by the court of competent jurisdiction.
Before spending registration stamp duties which may be about 10% of agreement value plus penalty for delay in registering the document provided your seller also appears before sub registrar for registration with his Pan number with his photo as also your pan number and your photo. if any of you is absent you cannot register unilaterally. so understand implications for registration.
It appears your seller may not come to registrar office if so how will you register the document.
So your situation appears the seller has caused a breach of contract after having taken money. in fact no purchaser of property pays full moneys before doumuments get registered as the sub registrar asks the seller whether buyer paid all moneys if so what are the cheque/DD particulars he will ask if not found on agreement. so someone misguided you in the purchase. it appears there is clear cheating intention of seller or his agent of your moneys. please correctly investigate with the help of a competent lawyer.
you have to see whether there are encumberances on the property that you have to get from ehsildars office concerned by referring patta/katha partculars of the relevant year of the base document.
Any land or house purchase just do not believe the words of agents or builders unless you are finally satisfied on the basis of documents . else you will be shunted up and down by seller once you pay the moneys sir!