Disputed Property
Prateek Gupta
(Querist) 18 March 2010
This query is : Resolved
Hello Sir,
I m purchasing a floor of Rs.1.12Cr in Nirman Vihar. I had applied for the Home Loan.But the loan had not been sanctioned due to disputed property.I have given Rs 22 lacs to the owner before i know that it is the disputed property.I said the owner that i m not interested to purchase that floor and refund me the money but he does not refunding me the money.Which section in this case will be applied & how i deal with him.Please send me reply as early as possible.
Thanking You
Prateek Gupta
Raj Kumar Makkad
(Expert) 18 March 2010
Have you got the agreement of sale executed or not?
If yes then the seller is responsible for any lacunae of the clear title hence you issue a legal notice through your counsel to him and on failure to get the desired results file a criminal complaint under section 420 IPC as well as a civil suit against him.
Prateek Gupta
(Querist) 18 March 2010
Yes Sir the agreement is executed.Thank you very much Sir. Is there any office in delhi
Where it is?
H. S. Thukral
(Expert) 18 March 2010
It will be difficult to say that he has cheated you and to bring it under a criminal offence but you can take back your money in civil proceedings.
niranjan
(Expert) 18 March 2010
Since the seller had concealed the fact about dispute you can file suit to recover earnest money alongwith interest. I would furtherlike to say that if you are still interested to purchase the property,you can file the suit for specific performance and also join the disputing party and you can ask the court to compell the seller to settle the dispute with the other party and make specific performance of contract inyour favour.
