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RAJEEV KUMAR   01 June 2017

After agreement land owner not ready to register the land

Dear sir,

          There was an agreement between me and landlord on a stamp paper on value Rs. 1000/- for land registration with token money of rs 120000/= for two acre land on 30 march 2015 . But till now he had not registered land and refusing to pay token money.After that i have sent a legal notice to him through learned advocate.I am here to clear some doubt because so many person told me that if i will file civil suit against him it will take 4 - 5  years. Requesting you clear my doubt.



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 7 Replies


(Guest)
Sir, file a suit for specific performance and we cannot assure the number of years it shall depend on various factors and moreover I hope it is he only way left t o u# thank u

G.L.N. Prasad (Retired employee.)     01 June 2017

Possession is the deciding factor to give advice.  If it is in your possession, filing a suit is to your advantage.  One can not assure you the time taken for getting judgement on specific performance suit, as it depends on the individual court and many factors like follow up by your advocate.  When you have engaged advocate, always listen to his learned advice, as he is competent and knows entire facts.


(Guest)

file a ADVOCATE and go by his advise. there is NOTHING you cn on the judicial slowness given the pendency of cases.

RAJEEV KUMAR   01 June 2017

Thanks to all of you for your advice.Dear sir, Property is not under my possession. can i register FIR against him and after a gap of one month if police doesn't take any action after then can i file civil suit on the basis of notice already served and improper action by police if police doesn't take any action ?

RAJEEV KUMAR   01 June 2017

Thanks to all of you for your advice.Dear sir, Property is not under my possession. can i register FIR against him and after a gap of one month if police doesn't take any action after then can i file civil suit on the basis of notice already served and improper action by police if police doesn't take any action ?

Dr J C Vashista (Advocate)     01 June 2017

1. Some so-called experts should avoid taking their own version of (possession of purchaser) and giving opinion of their choice which has no relevance to the query, It is my respectful submission to them.

2. Show the document of agreement to some other local lawyer, if you want a second opinion and advise.

3. Time is an essence of agreement which can be decided after going through the document.

4. The only alternate in the given circumstances is to file a suit for specific performance through a local lawyer. The case will be decided by the Courts only after following due process of law, which is bound to take time, for that you will have to have patience.

G.L.N. Prasad (Retired employee.)     01 July 2017

Please focus on remedy and do not extend it to some other dept., as Police will not interfere in civil matters.  This issue is not simple as you think and do not distract your attention by involving other depts., like police, as your will be disturbed with such useless exercises.

What are the agreement terms and conditions, what is the limitation period, whether such agreement requires registration in your state,  what exact remedy you require etc should be discussed with a local advocate.

When there is a process as legal remedy, one should not mind the time taken and should focus only on that issue.  I know in one such case like you, from last two years issues have not been framed by court even after 20 adjournments.  But, one has to follow the course .  Once the suit is filed, you must be mentally prepared for such delays and should not blame your advocate for not expediting the proceedings and assuming / suspecting  that advocate might have compromised against you.

There is nothing further as guidance to add to your query, though you continue to post your versions.


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