Seller not presenting himself for registration of sale deed
Querist :
Anonymous
(Querist) 23 March 2018
This query is : Open
I have bought a property in Navi Mumbai one year back. The property is constructed on a CIDCO Lease plot. The seller has been paid full (100%) amount of the sale agreement. The sale agreement is registered with the registrar along with full payment of the stamp duty and registration charges. The seller has given a signed letter of hand-over of the vacant possession of the property to me as well. The lease of the plot needs to be transferred in my name in CIDCO records. For this transfer, CIDCO requires a Sale Deed (Deed of Acquisition) to be signed between seller and buyer and registered with Registrar of properties. The seller is not presenting himself to sign-off the sale deed and its registration and demanding extra money to execute the sale deed. Unless the sale deed is registered, the property is not legally transferred in my name. To pressurize me into paying him additional money, the seller has cut-off the cidco water supply to my property by submitting an application to CIDCO, under the excuse that the property is still in his name in CIDCO records.
What is the suggested course of action for me as I do not wish to be extorted by the seller for registration of the sale deed?
Ms.Usha Kapoor
(Expert) 23 March 2018
You can file a declaratory and injunction suit against the seller for refraining from stopping or disconnecting water supply to you and its immediate restoration. If it includes drinking water you can lodge a criminal complaint against the seller as drinking water is life elixir and forms part of right to life.
R.Ramachandran
(Expert) 23 March 2018
Approach a lawyer in your locality who is well versed in property law.
After showing the documents in your possession and discussing the matter with him, you may have to file a suit for specific performance - praying for orders to the seller to execute the sale deed. Do not waste time.
Vijay Raj Mahajan
(Expert) 23 March 2018
Settle the issue amicably rather indulging in all sort of suggested litigation that will result in waste of time and money. The money you spend in filling civil case for injunction or declaration will be much more than what extra he's demanding from you, rest is your own common-sense .
Kumar Doab
(Expert) 23 March 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 23 March 2018
Involve the mediators, well wishers, neutral person, persons of repute, community leaders etc from both sides and try to resolve the matter amicably…
If efforts for amicable settlement of issue have failed..
Approach in person a very able senior counsel of unshakable repute and integrity specializing in such/civil matters, and having successful track record…. and worth his/her salt………..and get the matter addressed thru court of law..
kavksatyanarayana
(Expert) 23 March 2018
agreed with the above experts OR : A sale can be presented by a Buyer also under Sec.36 of Registration Act, 1908, desires the appearance of executant whose presence is necessary for the registration of such document. The registering officer in his discretion, may, upon receipt of the prescribed fee, issue, a summon requiring him or his authorised agent if any to appear at the registration office. He will inquire into the matter and after conclusion necessary action will be taken by the registering authority.
Querist :
Anonymous
(Querist) 23 March 2018
Gentlemen,
Thanks for your advice.
