Rohit Kumar (Chef) 06 October 2010

Seller is not getting the sale deed done

Hi,

I have entered an agreement to sell for property in Gurgaon. The property was mortgaged to Indiabulls.The seller asked us to make him the total outstanding payment of the loan on property and gave us the possession and said that once the loan payment is done he'll get the original sale deed and get the registry done in 2 weeks time. Its been more than 7 months he has not taken any action about the registry. We send him legal notices as well but he is not coming to terms. After 4 months we checked with Indiabulls people and we were shocked to know that instead of paying of the total outstanding loan to Indiabulls he paid Indiabull only the 15% of the money which we have given to him. When we confront with him he said that he has mismanaged the finances and has given money to her sister for some work and now she is not returning the money. We kept on sending him legal notices but he is not coming to any term. Nor is he answering our calls. We recently got to know from Indiabulls that he has topped up his loan by 90 Lacs more. I wanted to ask if a seller is into agreement to sell with the purchaser. I know it is a civil case. But if he has taken a loan on the same property which he has agreed to sell to us, is it not a criminal offence, Fraud. Please reply asap. Thanks a lot...

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6 Replies

Rohit Kumar (Chef) 06 October 2010

I want aske if the seller is into agreement to sell with us than do law allows him to top up more loan on the same property without our consent. Can we file a criminal suit for fraud.

R.Ramachandran (Advocate) 06 October 2010

Mr. Rohit, you have to see the contents of the Agreement to sell. If the agreement to sell clearly mentions that the property is under mortgage with India Bulls, then adequate clauses should have been built up in the Agreement to sell to take care of the situation. We are not sure what is there in the agreement to sell. We are also not sure whether you consulted any lawyer before entering into an Agreement to sell.

In any case, instead of waiting in the sidelines and asking opinion here and there, it would be adviseable for you to approach a lawyer and hand over the papers to proceed further in the court.

Rohit Kumar (Chef) 06 October 2010

Thanks Rama,

In the agreement it is clearly stated that he will payoff the loan and get the registry done wihthin 3 weeks. I am consulting a lawyer but things are getting delayed. Police is not taking any action against this guy. I am wondering if we can file a criminal suit against this guy. Since I feel that he has done fraud to us. But some lawyers are saying that the better way to file a criminal suit against him is to file an FIR. Since it will shorten the process and also there is a probability that after some pressure from Police he might come to terms...

Regards

Rohit

M.S.Bhalerao (advocate) 07 October 2010

You have not mentioned about the status of pssesion. if you are having the possesion of the property, then you can apporach the civil court for declaratory suit and for execution of sale deed by the seller. if your sale agreement is registerd with the Registrar and you have proof for having paid fulll consideration, you can also take action uder the provisions of IPC. if seller is a builder, you can approach Consumer court for redresal of your grievence.

take help of a advocate to decide what course of action will be suitable .

Sri Vijayan.A (Legal Consultant) 07 October 2010

From his query, it is understood that the possession is with the seller only.
Criminal proceeding shall make speedy action
He also can invoke provisions of spe. perfomance act
For all the above, he shd immdiately consult a lawyer with sound knowledge in these areas

Pradeep Kumar (Lawyer) 15 October 2010

Dear Sir,

You do have two remedies to put pressure on him to recover your money.You can file a Civil Suit as well as Criminal Complaint also.He shall be charged under various sections of IPC.I have got a similar case too,it's better to consult me,I will advise you the way out.Mail me or Call me at 09871765000.