registered agreement to sell
aisha
(Querist) 28 November 2009
This query is : Resolved
We (me and my husband )executed registered agreement to sell his flat to me for rs 25 Lacs. Agreement is that seller had recieved 5 lacs from me in cash and i have to balance rs 20lacs l in before trasfer in my name and that seller will transfer in my name after march2006 (as society trasfer rool) if he fail to do so i can get it transfered through court and seller will bear the legal cost. I paid balance in dec 2005 in cash which has been taken from my brothers and sister (all cash ) with duly signed reciept. I completed wood work and other interior in jan 2006 and also relesed to let advt in news papers but the flat was not rented and we left one flat key with Chowkidar of the socety so that property dealer can show our flat as we live at different city . In march 2006 my husband deserted me and filed divorce case as well as petition to cancel agreement to sell as it was under duress ( as there was case pending in the court when this was executed ) and he is not recieved any money from me .
Actualy I had filed one complaint u/s 420/376/494 etc against my husband in 2005 as he was living with othr lady and was saying that she is his wife not me . The said case was pending in the court and he knowing that he is in trouble he approached for compromise and said that he was traped by this women he want to get rid of her so he need 25 lacs / he will have give her flat . As he promised that he will live with me now and also stated in the court that i am his wife and he gas not performed any other marriage, I also softened my stantd. And he was aquited in nov 2005 by order that i am his legally weded wife and 2nd marrige is not proved.
At the 1st hearing of agreement cancel case i told every thing to judge that how i was cheated . He advised me to file case to transfer flat in your name and take stay on flat . i filed the same and deposited court fee 1.4 Lacs in the court.
Its been long 4 years myside evidence is complete . Tehsildar has agrred that it is registerd in the office .
Now my querry is that he has rented out it for Rs 30000.
Can i get benefit of the rent?
Is there anyway i get possetion as he has forcefully entered as keys are with me only ?
I know its going to take long may be supereme court and i dont have house to live and my husband is not maintaing me properly living with other women can i claim live in that flat
niranjan
(Expert) 28 November 2009
Agreement to sell does not confer title so you may not get the rent,because the possession of the property is with your husband. If by agreement the possession is also given to you, in that case,you can ask for rent from the tenant.When you have already paid the full consideration,your husband must have passed receipt to you.So part performance is already there,merely document remain tobe executed.You can file complaint with the police against chowkidar alongwith your husband.In the case you have filed,you may also file an application that your husband may deposit the rent in the court.
sanjeev murthy desai
(Expert) 28 November 2009
Now my querry is that he has rented out it for Rs 30000.
Can i get benefit of the rent?
1. Please clarify that who is rented out it for Rs.30K/.
2. Who are the sellers.
3. Why consideration recieved from your brothers and sisters.
4. Please clarify that your husband also party in the Sale Agreement.
5. Wheahter Sale Agreement is registered? If the Sale agreement is not registered you cant take the benifit from the section 53A of the TP act.
File a specific performance suit against the seller to execute the Sale Deed in favour of your name and also seek a temporary injunction for restraining the defendants to sell/lease the said property to the third persons untill the case is decree. You can also seek a mense profit of that property during the pendecy of the suit.
If the property is rented during the peding of this suit.. you may be faced another tency problem..
Arvind Singh Chauhan
(Expert) 29 November 2009
If you have been cheated in such a way,and not been divorced yet, I think best remedy is to file case Under DV Act and to seeking relief specially under section 19 of DV Act.
You can file also suit for specific performance of agreement.
aisha
(Querist) 29 November 2009
Thans for your valuable time.
Furthe details are :
My husband is the seller and rented out the flat. I had lend money from my brother n sis and given full consideration amt to my husband. Yes sale agreement is registered where rs 5 lac is given to him in agreement . And he executed other reciept of Rs 20 Lacs in dec 2005 and also said in the reicpt that he has handed over the possesion to me . After this i get done woodwork n interior of the said flat. Iha alredy taken stay on the flat and filed case to order him to transfer flat to me and hadover the possessiont to me which has been taken forcefully and its taking long 4yrs and still pending. But he is enjoying the rent and living with other woman. we are not divorced and i dont have house to live and he is not maitaining me properly.
Plz advice accordingly now?????????
Raj Kumar Makkad
(Expert) 29 November 2009
This is repeated quarry and detailed reply has already been given to you various times by various experts.
