JP and Friends 22 December 2020

Sale deed dispute

Dear Experts,

I had bought plot in non municipal area via a developer who had developed the land and he had done only notarised agreement to sale with land owner. When i bought the plot i had done payment via netbanking to the developer and he had given the cheques to land owner and same cheque number was mentioned in sale deed which was signed by land owner developemr and me. But the cheque got bounced post sale deed but land owner didnt filed 138 against developer and land owner is saying to me that he will not hand over possession of plot as he has not received the money. I have following queries.

1. Will the sale deed get cancelled.

2. Can i get full money back in case sale deed gets cancelled.

3. It seems developer has done fraud in that case which section of law i can put case against him.

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 22 December 2020

Any sale deed can be cancelled if it is executed between the buyer, seller(land-owner) and builder. consult a local experienced advocate to file a case against the builder and owner in the court concerned.

SHIRISH PAWAR, 7738990900 (Advocate) 23 December 2020

Hello,

Sale deed can be cancelled as builder is also not willing to sale the plot now. The refund of the money paid will be as per terms and conditions agreed between the parties and the circumstances of the case. In your case, it is builder's default so you can approach consumer forum for compensation.

P. Venu (Advocate) 23 December 2020

How there could be three parties in a conveyance deed?

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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 24 December 2020

Apparently, the Landowner did not receive the sale consideration and his not filing a case under Section 138 is beside the point and it does not change the facts. Therefore, you have to fight for a refund of the money paid by you to the Developer. Had you paid the Sale Consideration directly to the Land Owner, the problem would not have arisen, or at least at the time of sale, you should have objected merely cheques (which by then not realized) being mentioned in the sale deed. The Developer definitely duped you and the Landowner.

Therefore, you may contact a local competent and reliable Lawyer, explain all the facts and show all the documents, and proceed legally against the Developer duly including the Landowner to hand over the land failing which the refund the money with interest. Of course, the case may drag on several years and you may have to wait for the outcome.

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JP and Friends 24 December 2020

Dear Sir i am very grateful for the illustration. Just one more query if there is any time limit to file case against builder. I heard it is 3 years from date of payment.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 25 December 2020

Three years from the day of payment in the case of Debt. This is not a case where you loaned the amount. Since you are aggrieved by the fact that the Seller did not handover the possession you are filing the case. Contact a reliable and competent Local Lawyer and get a case filed immediately on both the Developer and the original Owner demanding possession of the property as per sale deed and failing which refund of the money paid by you with interest.