Seller refused to sell full part of farm land as per agreement
Ram
(Querist) 11 October 2016
This query is : Resolved
Greetings Respected Members and Experts!
I made a sales agreement with a Seller 2.5 Years back for its farm land of 4 Bighas. Seller purchased land 30 years back with his relatives. "Batwara" is completed without conflict from 65 members of family of total 80 Bigha land. Sellers own share is 8 Bighas. He has living wife and4 sons and major grand sons too.
In old and new land records Sellers Wife, Son & Grandsons name is not mentioned i.e. Seller is single owner.
ISSUE: Issue here is seller now under pressure of his son(His son has murdered a person 20 years back) refusing to make registered deed of whole 4 bigha as per agreement and stating that he will sell only 1 bigha. His son is threatening me not to make deed, niether ready to refund.
Though I have paid amount for 2 bighas in white by NEFT and cheque transfer.
Sellers sons are forcing seller to first Make Registered Deed on his sons name and later on make deed with me for remaining land which could be lesser than the Notarized Agreement made on100 Rs. Stamp 4 times in sequence.
What are my rights here. Can I take Stay on the property. I need an experienced lawyer from Ajmer Rajasthan.
I am planning to first make registered deed for offered 2 bigha, take posession. Take Stay on rest of the property and file a private complaint against seller, his son and whole family and take a restraining order.
Kumar Doab
(Expert) 11 October 2016
You have posted that:
"Notarized Agreement made on100 Rs. Stamp 4 times in sequence."
Do you mean that time limit to register the sale deed has been postponed with mutual consent 4 times?
In any case you may show the said agreement to a very able counsel.
Kumar Doab
(Expert) 11 October 2016
You can search in LCI databank at:
http://www.lawyersclubindia.com/lawyers_search/
Rajendra K Goyal
(Expert) 11 October 2016
You can file case of specific performance in the court as per agreement.
Whether partition agreement was registered?
Get all the documents checked by your lawyer.
Ram
(Querist) 12 October 2016
Mr. Kumar Doab:
Yes, time limit to register the sale deed has been postponed with mutual consent 4 times "because party failed to complete Batwara in 2 years".
Mr. Rajendra K Goyal :
Partition agreement was not registered, it was Notarized with all "Khatedars".
After Batwara was Approved by tehsildar, Mutation was open for each land holder. I had received "Jamabandi, Batwara, Trace of Batwara on Colored Map"
UPDATE:
I have executed Sale Deed Today at 10AM for half of the land at local Tehsildar office successfully.
Now conflict is Party refused to make Sale deed of remaining 50% land as per agreement.
Once I take possession of half land is it possible to take "Stay" on remaining land as I came to know Seller is planning to execute registry of remaining land on his Sons Name?
Kumar Doab
(Expert) 12 October 2016
Possibly; the agreement is not stale.
Show all docs on record to a very able local counsel specializing in revenue/property/civil matters for a considered opinion.
Rajendra K Goyal
(Expert) 12 October 2016
show all documents to local lawyer and proceed as per his advice.
Kumar Doab
(Expert) 13 October 2016
You may have a scope.
Show all docs on record to a very able local counsel specializing in revenue/property/civil matters for a considered opinion.
