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drkambojrk (md)     24 July 2013

Purchasers in possession without a registered sale deed

 

 

In 2011, I with my two more family members entered into an agreement to sell our 4 acre land @ Rs. 55 lac per acre and received 50 lacs as earnest money and handed over the possession ( only paper transaction, as this agreement was never registered). On the fixed date, the purchasers didn't turn up for the registration of sale deed and I with my wife got an affidavit registered as a mark of our presence but our third member was not with us in that affidavit. The other party presented an affidavit in closed office hours and declared that they were also present. After a series of notices, I got ready for a settlement with the help of third persons (arbitrators), two from each side. A written document,' Salasnama' was written and was signed by all. The Arbitrators prepared a settlement document( Panchayti Raazinama)  The arbitrators fixed a new date with some new conditions and the new agreement was accepted by both parties and signed by all including the arbitrators. We completed our part of the agreement but they didn't. We served them with a  notice cum reminder for the sale deed, 5 days prior to the fixed date. They again didn't come for the sale deed, instead the replied for our notice that they never pointed any arbitrator, and the verdict of the arbitrators was never accepted by them. Which path will be suitable for us to follow; 1. to Reply again to their Reply. 2. Go for injunction directly and stay 3. Declaration for the breach of contract and Rescind of contract. 4.Sp. performance for seeking their part completion.%. If their is any criminal liability  on their part as they are trying to deposes me with muscle power or they have replied wrongly as they were not part of the arbitration but all the papers and final agreement ( Panchayati Raazinama) were signed by them.



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

Give them a proper notice for specific performance within a stipulated time or else it will be rescinded bcoz of his breach. If he does not comply then move to the court.

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