Registration of property
charan singh
(Querist) 09 July 2012
This query is : Resolved
Dear sir , I need a advice form u , this is regards to a property. It all started with a person buying a property 3 years back where we were a Tranent for fast 30 years , we had a shop at this premises & as the buyer who had bought this place requested us to vacant the shop & promised a shop at the same place & we had agreed with him & had a deal that we will pay 8.6 lakh as per the market price & for which we had made a agreement with him and also paid a advance of four Lakh ,also in our agreement we had mentioned the time bound of 8 month he was suppose to give us , where in if he fails to do so he has to pay us double the advance amount & 500:00 per day after the period of 8 month where as its almost 3 years that has not give the position to us nor he is geeting it register in our name , when we approach him he is demanding 5 laks extra apart from left out amount of 4.6 laks . Please help me out with this , I would like to know if there is any way out that I approach the court or sub register office stating that the seller is not willing to register the property to me . Or there is any law for which I can go for .
charan singh
(Querist) 10 July 2012
good morning sir ,yes there is a sale agreement made between me & him , in the agreement where in we have mentioned that if the seller commits any default of any terms & fail to handover the schedule property within the stipulated period or fail to register the sale deed on us the sleet is entitled to initiate legal proceedings for the specific performance of this agreement & the seller shall pay us double the amount taken by us as advance . in addition to this he has to pay 500=00 per day in case he fails to handover the possession of shop with in stipulated period . we have made this agreement on feb 20th 2009 , where as he was suppose to give the shop by 8 month , but so far he has not given us , when ever we approach him he demand extra money , just last week i had approached him for the shop ,he is demanding 5 lakh extra apart from the agreed amount , he happens to say that he has spent the extra amount by paying to the govt officials . dear sir i would also like to know the validity period of an agreement .
ashutosh mishra
(Expert) 10 July 2012
If one were to count default date then 8 month expired on 20th NOV,2009.
Now it is JULY 10,2012.
Your cause of action is running and shall expire on 19th Nov.,2012.
You should have served him with notice to comply with terms of agreement which you have not done so far.
PLEASE DO NOT WASTE TIME ANY MORE.
CONTACT A LOCAL CIVIL LAWYER and GIVE HIM A NOTICE FIXING A DATE OF REGISTRATION AND ASKING HIM TO APPEAR BEFORE SUB REGISTRAR ON DATE SO FIXED TO ACCEPT BALANCE MONEY AND TO EXECUTE AND REGISTER THE AGREED SALE DEED.
YOU BE PRESENT ON BEFORE CONCERNED SUB REGISTRAR AND GET AN ATTENDANCE CERTIFICATE
FROM HIM IF YOUR SELLER DOES NOT TURN UP ON DATE SO FIXED AND THERE AFTER FORTHWITH FILE THE SUIT OF SPECIFIC PERFORMANCE IN COURT MUCH BEFORE AND WELL WITHIN LIMITATION OTHER WISE NO REMEDY WOULD BE AVAILABLE EVEN THROUGH COURT AFTER 19TH NOV,2912.
EVERY THING INCLUDING FILING OF SUIT MUST BE DONE BEFORE 19TH NOV,2912 WITHOUT LOOSING THE TIME THAT IS RUNNING AGAINST YOUR CAUSE OF ACTION FOR THE SUIT.
