Registration problem

We purchased land in 03/09/1997. We wrote the settlement agreement between the seller and buyer in that settlement agreement the seller was told that when ever you and your family members want i can come and register the land at any point of time in concerned register office .

Now we are asking him to come and register the land. He is not agree for registering the same land to us.

What is the legal way to proceed for the land registration? Kindly give me the suggestions how we can proceed further legally.

Asked 11 years ago in Property Law

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3 Answers

Hello,

Thank you for posting your query.

In order to enforce the agreement entered between the parties, you may do the following:-

1. File a civil suit for specific performance of the contract before a civil court of competent jurisdiction. In the court decrees in your favour, then the seller will have to get the sale deed registered.

2. Additionally you may file a criminal complaint for cheating so as to create some amount of pressure on the other side.

Regards,

Nishant Bora

Advocate, Jodhpur

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Talk to Advocate Nishant Bora

1. Once an agreement has been entered into it binds both the parties to the extent of the duties imposed thereunder. The seller cannot run away from his duty to come to the office of registrar for the registration of the sale deed. Without the sale deed being registered and the property mutated in your name in the revenue records the title of this property would not vest in you. Thus, it is very essential that the sale deed is registered.

2. In order to enforce the agreement and legally obligate the seller to assist in the registration of sale deed you may file a case for specific performance in the court of the Civil Judge. The court would issue a notice to the seller and ask him to explain as to why the case should not be decided in your favour. If the court decides the case in your favour then the seller shall have to remain present in the office of registrar for the registration of the sale deed.

3. A criminal complaint for cheating can also be filed against him.