Land owner not returning money

jagannath (Querist) 04 November 2016 This query is : Resolved
Respected Sir,

We wished to buy property from a agri land owner in Maharashtra for which we paid 15% of amount via cheque as advance and made notarised document (sathe khat) where he promised to get all the required signature of family numbers (land is ancetral owned now by land owner, his two sisters and a cousin sister).
His cousin sister is not ready to sign but rest all are ready to sign the sale document. On coming to know this we demanded money back but he is not responding now.

1. He is ready to give his legal share of land (property division document not yet made among them) to us but will it be possible to take his share of land without his cousin sisters signature?

2. Also how could we recover our money in case 1st option not works. I understand i will have to case in civil court. For that do i need to get Sathe Khat registered or notarised document is sufficient legal proof? Also generally how much time it takes for such cases to come to conclusion in court of law ?

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Rajendra K Goyal (Expert) 04 November 2016
If possible, after discussion and scrutiny of all documents by your lawyer, purchase lend share of those who are ready to sign, leave her share, make proportionate payment.

Sudhir Kumar, Advocate (Expert) 04 November 2016
Be clear first

(i) whether you were aware that he is not sole owner of the land.

(ii) whether he misrepresented as sole owner of the land.

Guest (Expert) 04 November 2016
If you buy the Undivided Shares you should be Ready to Face some Legal battle of Partition with the Sister who is Not ready to sell.If the Price is Reasonable you could buy the Undivided shares of the Property.But Get it Properly Registered in your Name.If the Original Parent documents are with the Sellers and if they are ready to give it to you then You are More Safe and Just Go Ahead and Proceed.

Kumar Doab (Expert) 04 November 2016
" rest all are ready to sign the sale document.'

Are they not willing to sign the agreement to sell?

If NO; let them sign.

The property is ancestral and probably share is without boundaries and one of the Co-sharers is unwilling to sign on agreement to sell and sell.

You should have preferred to get proper legal opinion before making payment.

Prefer to obtain legal opinion from a very able counsel specializing in such/revenue/property matters, now.

jagannath (Querist) 05 November 2016
Thank you all respected members for all helpful opinions.

Kumar Doab (Expert) 05 November 2016
You are welcome.

adv.bharat @ PUNE (Expert) 05 November 2016
U will be benefited by expert advice.

Sudhir Kumar, Advocate (Expert) 05 November 2016
There should be no need to thank prematurely.

You have not got any advise because you have not given facts.

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