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Ashok (Owner)     11 July 2014

Land owner denying to register after taking 90% of money

Dear Sir,

We planned to buy a Agriculture land, Owner told he want money in 2 months and we paid him 90% of money as per their time line considering his urgency. Due to some delay in securing documents Owner took around 5 months to complete this documents...meanwhile price of land increased and now he is denying to register on our name.Now all documents are ready with Owner but he is denying to register all the land as commited earlier, we have signatures of both Owner and his Son stating that they received the money as per agreement and its been attested by staff of concerned MRO office. We tried to negotiate with Owner with help of know people but he is not in a situation to conveince.

We are planning to fight legally to get the land, please advise whether we are eligible to fight with him, how much time will it take to settle this matter and your advise is highly appreciated ?

This is @ Guntur, Andhrapradesh

Thanks in advance for your time
Ashok

 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 July 2014

In the absence of registered sale agreement, it will be difficult to file a suit for specific performance of contract to enforce the execution of registered sale deed. Have you entered atleast with a sale agreement?; however on the basis of sale agreement, you can issue a legal notice asking to comply with the conditions of contract to enforce the sale deed by performing his part of contract to receive the balance of sale consideration amount and execute the registered sale deed in your favor. If he commits to it, you may file a suit before the civil court.  Even otherwise, you can file a suit for specific performance of contract with an alternative prayer to refund the advance amount paid to him with interest.  Consult a local lawyer and with his help proceed legally against the vendor.

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Ashok (Owner)     11 July 2014

Thanks Kalaiselvan for your time to read my case and replying We have sale agreement in place with Owner and his son (Gazette Officer) its been acknowledged and certified by (I think with Tahasildar/Munasub) now they are ready to pay back the money but the land price almost hiked to 60-70% We also dont want to loose the land, please advise how to proceed, can we approach Court for this ? if so what are the actions Court will take and how much time will it takes for the process Thanks for your kind Ashok

T. Kalaiselvan, Advocate (Advocate)     11 July 2014

If you have a valid sale agreement, you proceed through court to enforce the sale agreement. First issue a legal notice demanding him to perform his part of contract by expressing your ready and willingness to perform your part of the contract, if he denies or is not complying with the demand, you may proceed through court of law for enforcement of sale agreement through court for specific relief and other remedies.

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