Proper civil suit
Tribhuwan Pandey
(Querist) 04 July 2016
This query is : Resolved
Two parties entered into an unregistered agreement to sell a property of Rs. 4.80 cror. Ninety percent payment has been made but now the seller is avoiding to register the property in buyer's name, buyer is ready to make final payment.
What is the proper civil remedy to get possession and to restrain further sale or recover the money from the seller. Please note agreement to sale is an unregistered document.
adv.bharat @ PUNE
(Expert) 04 July 2016
Buyer must be aware before making any payment with out registered agreement.
Do u have payment receipt?
If yes then recovery proceeding can be initiated in the court of law.
Devajyoti Barman
(Expert) 05 July 2016
It is a clear case of specific performance of contract under the Specific relief Act.
In the said suit seek injunction as well so the suit proeprty may not be sold to frustrate your relief.
Your case has goof merit.
Do not waste time any more.
Rajendra K Goyal
(Expert) 05 July 2016
Registration of agreement to sale is not mandatory in all states. From which state the case belong?
The buyer should file case of specific performance.
Dr J C Vashista
(Expert) 10 July 2016
I agree with expert advise of Mr. Devajyoti Barman and Mr. Rajendra K Goyal, you are required to file a suit for specific performance, mandatory and permanent injunction, damages and mesne profits through a local prudent lawyer where ever the property is situated.
