I have enetrered into a unregistered sale agreement to purchase a agriculture land. As per Sale agreement the sale value is 88 lakhs and paid amount of Rs 10 lakhs as advance during sale agreement (mix of cash and online payment). As per agreement the sale deed to be registered within 3 months. The seller has already entered into a registered sale agreement with other party and this was told to me before my sale agreement is made and this was captured in our sale agreement as the seller to settle the loans on the property to enable registration of sale deed. However, as per earlier sale agreement there was a case, for which decree was passed to execute the sale deed as per Sale agreement entered earlier, this judgement was stayed by High court at this moment. But nothing related to the case was disclosed to be during earlier discussions, which we came to our notice after probing the seller while he kept on delaying the sale deed registration.
Now the 3 months as per our sale agreement is about to over.
What shall I do to enforce my sale agreement, the buyer as per previous sale agreement is ok to cancel the previous sale agreement in SRO on receipt of the money which I'm also ok to remit him directly.
Also suggest on
1. How the stay/ previous case will be cleared, what implications it has in my sale deed which shall be signed by the buyer as per earlier sale agreement also
2. Can I treat this as cheating as the seller has not disclosed about the case wrt earlier sale agreement
3. How to enforce my right as per my sale agreement, to make the seller to transfer property tilte through sale deed.
