seller is not executing sale deed of a plot
ramesh
(Querist) 10 January 2010
This query is : Resolved
I purchased a plot and paid 50% amount to owner in jan. 09 he made a issar chithi (Bayana agreement) on Rs. 100 stamp paper, duly signed with 2 witnesses. wherein he mentioned that rest amount has to be paid on or before 13/7/09 and sale deed to be done. I phoned him up on 7/7/09 asking him to execute the sale deed as i was ready to pay the rest amount but he said wait for 15-20 days because he said he was not owner of the plots he was mediator/ broker or some thing. this plot was part of a lay out owned by 4 partners who had asked them to sell the plots and orally authorised him to accept bayana money from purchasers . I sent him a letter on 7/7/09 by courier requesting him to execute sale deed , again on 11/8/09 and on 16/09/09 i sent him letters through couriers but no reply on 24/10/09 i sent him regd. a/d letter warning him either execute sale deed or refund my money within 7 days he phoned me up and again told me to wait for few days and also he changed the last date of sale deed from 13/7/09 to 13/2/10 by his handwriting and signed there on original stamp paper which I am having . but the xerox copy which is with him is still showing last date for sale deed is 13/7/09 . I waited for few days then I sent him a notice through my lawyer on 10/12/09 by regd A/D giving him 7 days time to execute sale deed otherwise civil and criminal case will be filed. He has not yer replid to that notice what should i do? Should I wait till 13/2/10 or before that I can file criminal or civil case against him few days back he met on road and repeated same thing that wait for few days we will execute sale deed mean time i approached one of the 4 owners of the plts he said that your plot is reserved for you we have not sold to any body else but he told me to sort out the matter with that broker . pl. advise me my e mail add. rameshgajwani@rediff.com
Adv ramesh chheda
(Expert) 10 January 2010
file a criminal case of cheating or criminal breach of trust as well file a complaint in consumer court
Raj Kumar Makkad
(Expert) 11 January 2010
Why didn't you marked your presence on the last day of the registration of sale=deed and why you kept making only letters and not tried to obtain the opinion of any lawyer or expert on the subject prior to your limitation to get registered sale-deed?
You have lost a valuable opportunity to get registered sale-deed through a civil suit of specific performance and now you have no other option but to initiate criminal action as well as suit for recovery against him
Y V Vishweshwar Rao
(Expert) 11 January 2010
The Sale agreement is dt;- -1-2009 and stipulated time for balacne payment and Registration was 13-7-2009 , the purchaser was /is ready to pay balacne amount and to get it registered , the same is informed to the Vendro /Agen - and the principal Vendors are accepting to execute and Register the sale deed - you can file suit for specific perforamcne -/or/alternatively you can get the amount refunded
aman kumar
(Expert) 11 January 2010
you should wait till 13/2/10 or before that you can file criminal or civil case against him .but meet him & try to understand what is the problem behind it & a civil suit of specific performance and now you have no other option but to initiate
