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Hyd_victim ( )     06 March 2012

Registered sale deed on my name. but the developer holds it

I bought 711sq.yrds panchayat plot for 500/- per sq.yrd near hyderabad. The developer promised to register it for 20% of the total amount. But slowly i paid till 40% of the total amount. Now i came to know that land was sold to me at higher price. After lot of survey, i came to know that sqyrd was arround 200/-, but i bought it for 500. I stopped paying him the remaining amount and asked him to resale. He is passing time saying that, "Sir, All customers expect to buy directly from company. Not from you." Now the documents are with him. He is asking me to clear the amount slowly and take the documents. But for the amount i paid till date is reasonable as per the market value and the document was registered for 500 per Sq.Yrd. The govt. value there is 500 now. Document was registered on 13th Dec'2011.


The proofs he has are :
i) The companys letter head stating that i am willing to buy Sq.Yrd for 500 and i signed on it.
ii) Two post paid cheques, which i have cancelled 1 or 2 days before they deposited the cheque.


Proofs I have:
i) Bills for the paid amount.
ii) Photo copies of the sale deed.


My questions are... 
1) How can i get my documents back as i have paid the correct amount as per market price.
2) Are there chances that he could double register the land, if i keep them with him.
3) Does cancelling the cheque before it is deposited means bounce in the check. Will that be a crime from my side?
4) There is no legal aggrement or promisary note that he holds to say that am still due balance.
5) How can i get my documents or my money back?


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 March 2012

REgd., sale deed is exeucted in your favour or not?

1 Like

Hyd_victim ( )     06 March 2012

Rajeev Sir,

There was no sale aggreement prior to the registration. According to registration act 32, i gave my finger print and photo and he registered it on my name. Kindly let me know how can i get my money back or documents back.

m.arunprakaash (advocate)     08 March 2012

You are bound by the agreement which you have executed with the developer. According to the said agreement if you have right to cancell the agreement by issuing notice to the developer you can repudiate the contract.

On such cancellation if there is forfieture clause he can forfeit you money already paid and allot the land to some other party. So read once again what are the terms and condition which you have agreed in the said agreement for sale.

Hyd_victim ( )     08 March 2012

Arun Sir,

There were no terms and contditions, because we did not have any sale agreement before the sale deed execution. The property (plot) is now transfered into my name as clearly mentioned in the sale deed. But he holds the documents and demanding for remaining balance amount, which i am not willing to pay,  because he sold it to me for higher price compared to local price.

KISHOR BANTE (DEV.OFFICER)     09 March 2012

The sale deed is generally executed after full payment. The same is also mentioned in sale deed. What your sale deed says about the payment? Does it says that you have paid full consideration amount? If it says you paid full consideration amount, then you are a lawful owner of the land. Read Specific Relief Act for your right.

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