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chandranath rao (owner)     23 August 2013

Agreement of sale

i entered a agreement of sale with the seller and registered it in the subregister office bangalore.the ageement was to sell the property for a consideration of 55lakhs and i have paid him the whole amount 40lakhs  cheque and 15lakhs cash and he told me he wants 1year time to give the position .so we agreed to register the property within 12 months .agreement dated 5november 2012 but he is not ready to register the property now and give position.if i file a suit for specific performance  will i get the property.please advise


 2 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     23 August 2013

You file civil suit for Specific performance for that you have to pay court fee and it may be dragged for number of  years. You can file in the consumer court for the relief  you want to seek. 

S Jadhav 98336 98330 (Jadhav & Associates)     25 August 2013

The world is full of people who trust strangers and give them their life's earnings. When you have entered into a deal for Rs.45 lakhs, why did you not hire a good advocate who would have advised you to take precautions before making the payment. Generally in a property transaction, the buyer normally pays the seller an earnest money deposit so that the seller keeps the property on hold for some time as agreed between them in a "agreement to sell" Any document has to be stamped and registered to be put in as evidence. You should have stamped and registered a deed before making large/full payment. What is the problem for not registering the agreement? Now it appears that you have lost the whole amount. It is recoverable by the due process of law and filing a suit for recovery of money or for specific performance, but may take years and also lawyers' fees and tension. Also, please remember you have performed an illegal act by paying in cash. You will be unable to recover the cash money in case the seller does not want to pay. The cheque amount can be recovered with the help of the Court. S Jadhav

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