Registration made on part payment
Kiran
(Querist) 25 February 2014
This query is : Resolved
Hi,
I have constructed an house containing Five flats in which one of the flat is sold for 14K in 2007, but they have given me 12K, and asked for an 1 year time to repay the balance amount, as they didnt make complete payment, hence till then, the house was registed under my name. mean while the buyer asked me to register the house in his name. Which I did way back with no agreement. Now when I claim for the balance amount, he refuses to repay the amount. No Objection Certificate (NOC) is still not issued to him. Can I claim the house in such case or Can I transfer/cancel registration in such case.
Please Help?
Raj Kumar Makkad
(Expert) 25 February 2014
As the registration has been done without prior condition, you have no legal way to recover your balance amount rather use the social pressure.
Kiran
(Querist) 25 February 2014
Thank You for your quick reply. what is mean by social pressure? will that leads to involvement of police? another thing is since they do not hold NOC, they cannot sell the house to any third person except us. If so can we legally take an action on them?
Rajendra K Goyal
(Expert) 26 February 2014
Legally you can not recover the money as registration is complete. Police will not help in such case. Social pressure includes pressure from friends , relatives of both side, influential of society etc. You may use NOC for arm twisting in future.
T. Kalaiselvan, Advocate
(Expert) 28 February 2014
Registration cannot be cancelled without any valid reasons. Recovery at this stage is not possible. The only triumph card is the NOC, try arm twisting with it to get your money.
