Registered agreement of sale

surya shankar P (Querist) 30 December 2016 This query is : Resolved
I have purchased a shop undivided and unspecified share in apartment for 16 years back with out time limit for execution of sale deed in favour of me. the builder left from without intimation for long back. I sent legal notice to the builder for come and registration of sale deed infavour of me, the said notice is unserved with an endorsement is he left for long back. what next step taken against the builder and how to prepare a suit with proper prayer in the Plaint ...please send me correct solution.

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Ms.Usha Kapoor (Expert) 30 December 2016
You engage a detective agency and find out the details of missing builder.Then you proceed with execution of sale deed and other legal formalities failing which you can file complaint in consumer forum.

Sri Vijayan.A (Expert) 30 December 2016
Try for suit for specific performance.

You have to prove that the builder has the right to convey the land and shop, has entered into agreement with you for the sale of you, you have paid all the amount or part amount as agreed, now he is not traceable, now you are ready to pay the remaining (If any).

Rajendra K Goyal (Expert) 30 December 2016
What were you doing for last 16 years?

Whether the agreement was registered?

Show all documents to local lawyer and discuss in detail, specifically whether such an old document is enforceable legally.

Guest (Expert) 30 December 2016
Better give a Police complaint and news paper advt regarding the missing owner and then file a suit in relevant court with up to date EC.Consult a Local Good Senior Advocate.

Rajkumar Tiwari (Expert) 30 December 2016
You said that you had purchased the premises 16 years back :

1)whether you had paid part or full consideration value to the builder and if paid whether you have the receipt with you.

2) Whether you made any MOU or any other instrument which shows the transaction between you and the builder.

If yes you can file suit for specific performance as mentioned by you that there is no time limit for execution of sale deed.

adv.bharat @ PUNE (Expert) 31 December 2016
Author need to explain the query raised by expert.

Rajendra K Goyal (Expert) 31 December 2016
It was undivided and unspecified share in apartment. Please specify / inform whether same position existed with other co-sharers of the property. Whether they have got the property registered in their name?

Reply to the questions from experts is still awaited?

Dr J C Vashista (Expert) 31 December 2016
Reply the queries raised by experts.Besides that whether the shop is in your possession for the last 16 years or still with builder or anyone else.

You are very casual towards your property, suffer it.

Show the agreement to a local lawyer for proper appreciation, analyzing and guidance.

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