I am a Government servant. I have entered into an agreement with my subordinate official for the purchase of his house property. The agreement for sale was entered in a 20 rupees stamp paper (which is unregistered as on date) with condition that the purchaser must complete the sale within three months. At the agreement stage Rs.50,000 was paid in cash to the vendor. Subsequently Rs.3.0 lakh was paid to the vendor thro’ account payee cheques at two stages (Rs.2 lakh and Rs.1 lakh), as the vendor requested for the same to facilitate the vacating of existing lessees and for the vacant handing over of the property. When the purchaser has demanded for the registration of property within one month from the date of agreement for sale, the vendor demanded for extra money and did not cooperate (for registration) and the registration could not be completed. The purchaser is ready for registration and to fulfil the conditions of agreement. For making payment of purchase value I have (i) taken home loan from the bank which is ready for disbursal (the vendor too has a pending loan with the same bank, which will also get settled by way of adjustment), (ii) taken demand draft for the balance amount favouring the vendor. I have also taken demand draft for payment of registration fees etc., favouring the sub registrar, and prepared sale deed in the stamp papers for the requisite value (Rs.2.25 lakh).
I heard that as per new law in Tamilnadu, with effect from December 2012, sale agreements are to be registered mandatorily within four months from the date of its execution. My agreement for sale is just two months old and I want either to register the agreement for sale or to proceed directly with the registration of sale deed to protect my interest. The vendor is not cooperating for both.
When shall I commence legal proceedings starting with the issue of legal notice before or after the lapse of agreement period?
Whether the provisions of conduct rules relating to Government servants be invoked against the vendor who also is a Government servant?
What is the protection for my money already paid to the vendor (Rs.3.5lakh)?
Whether the buyer (myself) can successfully enforce the Unregistered Agreement (unregistered and 2 months old as on date) for the "Specific Performance of Contract"
I want to buy the house from the vendor. Pls help me what should i do ?