LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vipul (md)     22 June 2013

Registry denial

i have made an agreement to purchase a land of 1000 sq.yards...... i had paid the vendor the entire amount of sale price........ the vendor promised that he will make the registry next day......... but from next day onwards he is saying that the documents are pledged in a bank as collateral securities....what should i do?   .....pls help


 6 Replies

Rajeev Kumar (Lawyer/Advocate)     22 June 2013

Whether consideration paid is in written on agreement paper? Have you proofs of paid selling price ? If your answer is yes then file a suit of specific performance. It is buyer duty to cross check the clear title.

Hemang (Advocate)     23 June 2013

Really surprising. In fact, before purchasing the property, the intending purchaser should execute an agreement to sale and get the title clearance certificate in relation to the property sought to be purchased. If you do not undertake such basic steps, such things are bound to happen. Now that amicably settle all issues with the intending seller and gather the information as to how much dues are outstanding. He is required to get all clearance. Did you ever execute an agreement to sale? Have you got the receipt for payment of consideration in exchange of property? Now that you will have to undertake all exercise. If the intending seller has a high moral, there will be no difficulty, otherwise, you may have to resove the issue through litigation. (This is the contigency that I have expressed)

Pradeep Kumar (Lawyer)     23 June 2013

Don't worry. Kindly file the Suit for Specific performance(your lawyer will tell) based upon agreement to sell. Before doing that send a legal notice to seller proposing to clear the title by paying bank. If he fails to implement the averments of legal notice. Sue him. You will get the releif. Regards Adv.Pradeep K Khatana 09871765000

Sudhir Kumar, Advocate (Advocate)     23 June 2013

please see if you have been made to enter in agreement by deception.  If so the case may even be criminal rather than slithering civil suit.

vipul (md)     23 June 2013

Thanx all for ur prompt reply. ......yes I have proof of payment made .....but only government value amount is paid through check........and also kindly inform me that how much time can it take to resolve the issue if I file a case against him

Hemang (Advocate)     24 June 2013

Judiciary is already overburdened with the arrears of work. So "no time tender" please.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register