Impounding court fee
pushpakrishna
(Querist) 08 May 2012
This query is : Resolved
Dear experts,
A person purchesed a house on agreement of sale and given maximum amount towards sale consideration to the seller. seller also handed over the house the person and he is having peaceful poessession and enjoyment. the seller excuted the regd.sale deed in favour the third party with out notice of the person. now the person wants to approach the hon'ble court for justice.kindly advice.is there any impounding problem as the house is handover to the who give an advance and enjoying the same.Please do need ful.Thanq
ajay sethi
(Expert) 08 May 2012
what do you mean by maximum amount? wasfull payment made?
was agreement regsitered?
if seller has entered into agreement with third party file case of cheating , criminal breach of trust etc against seller .
file civil suit for declaration that you are the owner of the premises and for injunction against original seller/third party .
cotact a local lawyer . only fater going through provisions of afreement for sale would it be possible to advise
Adv.R.P.Chugh
(Expert) 08 May 2012
Dear Querist,
1. It's an established principle that agreement to sell in itself does not give you any right/title/interest but merely a right to obtain another document i.e the SALE DEED.
2. But if you have paid consideration and agree to pay the remaining consideration by way of doctrine of part performance you can retain your possession and also seek specific performance of sale deed in your favour.
3. A third party who without notice purchases from seller the same property already sold - for consideration is usually in a better off place. But the fact that you were in possession throughout would defeat that parties claim by imputing it with constructive notice as to our possession.
Feel free to talk !
V R SHROFF
(Expert) 08 May 2012
As u r in possession, with Registered Doc, facts are in your favour. If third Party claim from you. you initiate Criminal action together with third party against seller.
Shonee Kapoor
(Expert) 09 May 2012
I endorse views of experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
