I entered in to a sale agreement to purchase 10 acts of land. Deposited rs.6000000.00 in his account by clearing the loan and collected the original documents. While measuring it was found that only 5 acre is in his name and 5 acres in different people name He is not ready to register the property in my name without getting payment for 10 acre land. Claiming is in his procession. Land located in Nedumkandam, idukki dist.kerala
Whether I can file and for with police. Original documents are with me.I paid almost full amount for 5 acre land which he have documents.
Whether I can file and for with police. Original documents are with me.I paid almost full amount for 5 acre land which he have documents.
1) title of seller is not clear and marketable
2) you can by legal notice addressed to seller call upon him to execute registered sale deed in your favour for 5 acres of land . Mention that as balance 5 acres is not in hisname it is not possible to proceed with purchase of balance 5 acres of land
3) in the alternative seek refund of money paid by you with interest
If seller refuses to refund your money nor execute sale deed in your favour file police complaint under section 406 , 420 of IPC for criminal breach of trust and cheating
1. It is strange that you have entered in to a sale agreement for buying 10 acres of land without verifying the title deed for the said land from the Registrar's office.
2. Possession of land does not give title of the said possessed land.
3. File a police complaint under copy to local S.p./D.C. against him for defrauding and cheating you.
4. If police does not take any action, file a Writ Petition against police for its inaction seeking relief..
5. After that file a Money Suit claiming refund of the entire amount paid by you as advance with interest, damage and cost from the said seller.
1. You can file the Money suit as advised in my earlier post either for a direction upon the seller to register his 5 acres of land or refund the entire amount as suggested in my earlier post.
2. Engage an experienced lawyer having expertise in this field.
You should pursue the criminal complaint lodged with police and its resultant Writ Petition since it will keep the seller under pressure to settle the matter with you.
You ought to have conducted due diligence before agreeing to purchase the property. Had you engaged a lawyer to carry out due diligence you would have come to know that he does not have the title to the entire 10 acres. Now issue him a lawyer's notice for cancellation of the agreement and claim the refund of money. If he does not refund on his own accord then a criminal complaint for cheating and breach of trust may be filed against him.
