Sale of property agreement not executed
Querist :
Anonymous
(Querist) 20 April 2025
This query is : Resolved
Dear All,
Need a kind advice on property sale to agreement not executed by 1st party.
I did one of the agreement in last feb 2024 for one of the plot where in i paid 20% advance in white and balance at the time of registry.
The major problem was 1st party from whom i did agreement, the said plot was taken by him in auction from HSVP, but he didnt made full payment and said plot was resumed by HSVP and can be resumed by paying amount of 33 lacs by 1st party to Authority to get deed on his name
This i was aware and 1st party asked me 4 months time and it was clearly mentioned in agreement that in 4 months, he will get paper clear on his name and after that he will transfer to my name
After 4 months, he asked me to pay 33 lacs to him or he will make challan and i directly pay to HSVP, which i refused that 1st you get deed on your name by self paying 33 lacs and once he gets paper cleared, i will apply for home loan and will pay 80% amount by DD from home loan
he refused the same and said you take your money back and in addition he will give me 4 lacs amount as profit and will cancel the agreement, i have no choice, we made this is written and he issued me 6 + 6 lacs cheque and mentioend 4 lac as cash will be given to me after payment of 12 lacs comes to me, this was done in aug 24, fortunately he cleared 6 lacs cheque, and another 6 lac cheque bounced
upon asking him, he requested that he will get cleared in 1 week
from aug 24, in oct 24 he transferred 3 lacs, in dec 24 again he transferred 2 lacs
so out of 12 lac, i got 11 lac back,
after huge fight in feb 2025 he gave me 1 lac cash, and gave him receipt that still he need to pay me 4 lac ( 1 lac white and 3 lac cash) after that only agreeement will be cancelled
Till date he has not given money
also he has done agreement with some other party for sales, and now he has made 33 lacs payment to Authority, and deed has been done on 1st party who was supoosed to sell me
i have all agreeement copies and i have given a written complaint in HSVP, that the said property he has done agreement with me , and NOC and transfer permission and resale to be hold as he has doen agreeement with me
whenever i am calling him, he is telling that he will soon return the money and i need to take my complaint back as without my NOC letter, he will not be able to sell
In 1 year time, property rate has doubled, i have done agreement in 60 lacs and now property value is 1.2 cr
Shall i take my 4 lacs back or do i have the powers to file a legal case against him to get the property on my name, or can i demand extra benefit as from feb 2024 till april 2025, he has not executed complete agreement
All original agreement, cheque, cheque bounce letter from bank, and post cancellation to return 12 ac and 4 lac, every paper is with me and where his sign is also there
Please suggest
T. Kalaiselvan, Advocate
(Expert) 20 April 2025
It will be unfair on your part to demand registration of property to your name despite agreeing to cancel the sale agreement and receiving back your money.
You may get back 4 lakhs and cancel the sale agreement and withdraw your objections which will be a fair deal.
