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registrationof property

(Querist) 06 January 2010 This query is : Resolved 
hello sir i have given money for a property and did not registered it, and person has recieved the money one lac and signed in white paper , not stamp paper, now she is not registereing me the prperty she is not ready to sign in the stamp paper for registration , and asking me for more money , she is an retd govt servant, having pension, can i sue any against her, for giving back my money or do my registration for the property
A V Vishal (Expert) 06 January 2010
If you have evidence of having paid the one lakh then you can proceed to recover the money from her.
Devajyoti Barman (Expert) 06 January 2010
You can sue either for return of earnest money or for specific performance of contract. If you choose the latter option you have to pay the court fees on the suit property as well as to pay for stamp duty and on top of it the court's jurisdiction in this matter is quite discretionary. Now you decide.
joyce (Expert) 06 January 2010
signed on white paper is also enough to sue.if any immovable property is purchased frm her, did she gave possession of that property to u? if u got the possession then that is sufficient to sue her again.Now a day stamp papers are not available where as document sheets are used and then registration fees is sealed by the concerned authority, u can file a civil case as to specific performance of contract.
B K Raghavendra Rao (Expert) 07 January 2010
Unless you have documentary evidence to show that you could have and actually you had given money to her, you would not be able to institute any suit for recovery of money. As there is no agreement of sale, you would not be in a position to enforce registration of sale. Better talk to her for return of money either through a mediator or through police authorities.
aman kumar (Expert) 07 January 2010
1 you can file a civil case as to specific performance of contract 2 If you have evidence of having paid the one lakh then you can proceed to recover the money from her.


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