Rejecting hand over of possession of the property after registration and paying stamp duty
Bhagyashree Ingole
(Querist) 17 May 2017
This query is : Resolved
I have entered into agreement for purchase of flat in Mumbai. After paying initial token amount, we have made MOU on stamp paper with the owner of the flat saying that in case of breach of agreement, owner should return double of initial token amount. The MOU was made on stamp paper and not registered. After paying full amount of our share to the owner i.e. Rs 47 lakh, stamp duty of Rs 6,25,000/-, registration charges of Rs 30,000/- and TDS of Rs. 1,13,000/-, now owner has refused to give documents to submit to bank for disubursment of loan amount and refuse to hand over possession. Please guide me how to get documents for possession or penalty as mentioned in MOU from the owner for breach of registered agreement.
Kumar Doab
(Expert) 17 May 2017
'for breach of registered agreement....................The MOU was made on stamp paper and not registered.'
Both are conflicting.
Bhagyashree Ingole
(Querist) 18 May 2017
MOU was made before registration of agreement and the clause of paying double of token amount in case of non fulfilment of sale deed from seller's part was a part of MOU and not included in the Agreement to Sale which was registered in the sub registrar office. Further, I made complaint of cheating in the police station. They have closed it saying it is a civil matter. Is there any way out to file the case directly in a court. What is the procedure? Please guide.
Guest
(Expert) 18 May 2017
MOU is a document to be signed by both the Parties.Why you had not taken any initiative for not including the Clause mentioned by you at the time of execution.It is always better to consult an Advocate at the time of Executing any documents.Police is Right and it is the fate of your negligence.Better discuss and appoint A Local Good Senior Advocate.
Rajendra K Goyal
(Expert) 18 May 2017
If you have paid full amount, seller is not giving you title documents / possession, police not registering fraud case, lodge direct complaint with the Magistrate.
Kumar Doab
(Expert) 18 May 2017
'Buyer Beware'
applies to property deals.
It is always better to get proper opinion and draft from a very able senior local counsel of unshakable repute and integrity specializing in revenue matters.
Kumar Doab
(Expert) 18 May 2017
Agreeing wit Mr. Rudrawar Narayanreddy, Mr. Rajendra K Goyal, approach a very able senior local counsel of unshakable repute and integrity specializing in revenue matters.
Guest
(Expert) 19 May 2017
Agree with Experts
Kumar Doab
(Expert) 19 May 2017
Good to statement of agreement with experts.
Guest
(Expert) 19 May 2017
Appreciation always Welcome
