Asma Pasha 22 April 2019

owner of property cheating

owner first sold the property to a person, again purchased the same property from him in same amount, now done agreement of sale with me and again sold the property to 3rd party.
what relief can I seek??

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9 Replies

P. Venu (Advocate) 23 April 2019

Has the agreement been registered? Have you paid any advance?

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Asma Pasha 23 April 2019

agreement is not registered and we have paid advance.

Asma Pasha 23 April 2019

only payment of 1 lakh is mentioned in the agreement..but after the agreement he took more 6 which we dint took receipt with a though bank loan is ready and in a week or so registration will be done.
but he created carparking issue and done fraud. we even send him a notice of specific performance and my advocate dint mentioned about 6 lacs paid,he only mentioned about 1 lac.
should we go for specific performance or file criminal case.

P. Venu (Advocate) 23 April 2019

Yes, you can file an action for specific performance.

Shashi Dhara 23 April 2019

U first issue legal notice then after file suit but u have to pay duty penalty for non registration of agriment but it is better if is ready toreturn the advance u accept it even if he gives less amount than received .it is Ur choice going to court or not to face consequences which troubles u.

Asma Pasha 24 April 2019

sir my advocate is pending to file my case and not clearly saying what steps he is planning. as the owner has sold the flat to 3rd party after we sending notice to him, can specific performance suit help me get relief ? can that registration be cancelled?

Shashi Dhara 24 April 2019

In court it take yrs to decide u may win it is not the question u have to pay duty penalty for non registration of agriment .if Ur advocate is not working to as Ur wishes u have right to change the advocate.make 3rd party as party in suit.the purchaser as party.