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executed agreement property sold

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Online (Querist)
23 August 2009

hello all learned experts
mr x sold the property to the mr y by the way of agreement on the 100 rupees stamp and executed to the purchaserbefore the notory afterwards he sold the said property to the other purchaser that came into knowledge while mr y demanded for the executing the sale deed now i would like to first issue the legal notice so i should join the other person also to whom that mr x sold property in the legal notice and if not oblige afterwards i would like to lodge suit for the specific performance and recovery of money suit but with it i can lodge application for the recovery attatchment before judgemdent pls advice me thanx

Adinath@Avinash PatilOnline (Expert)
23 August 2009

Yes you have right to sue against for specific performance & recovery of money.You have right to apply u/o38R5 attachment before judgment against Mr.X and Other purchaser.

Y V Vishweshwar Rao Online (Expert)
23 August 2009

1- You can issue Notice to Vendor & Second Purchaser

2- You can file a Cheatign Case agaisnt the Vendor

3- You can file suit for specific performance and damages & you can seek attachment before judgment .

Kamal GroverOnline (Expert)
23 August 2009

Mr.Patil and Vishweshwar rao are very right.

23 August 2009

why you have not regisstered your agreement? whether any condition precedent for eexecution of sale deed?
if yes , then advise given by my learned friends are right , otherwise i differ for opinion given.

Bhumik DaveOnline (Expert)
24 August 2009

1st U file criminal case for cheating then after file suit 4 sp. Performance with attachment b4 judgement O.38, R. 5

senthilkumar (Expert)
24 August 2009

I agree with my learned friend Bumik Dave.

V.V.RAMDAS (Expert)
25 August 2009

Patil Sir is correct and you can proceed in a civil suit but not under criminal proceeding as the ingredients for cheting are not attracting.Hope you will go through the ingredients of 420IPC

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