Can legal action be taken in the basis of sale agreement?

your agreement  to sale is not registerd . not inforcible by law as per saledeed is concern. but ur money transaction contract is valid. u may restrain the seller  for selling the flat to other person. but u cannot compel him to sale to u.it will take lot of years.

Sir,
Thanks a lot for your advice.
Is it possible to send a legal notice to the Co-operative society for not processing any other request for the sale of that plot as my case is still pending with them.
I came to know that the owner is trying to submit another request for the transfer of ownership in favour of the other buyer.Hence I would like to stop him from doing so.

The co-opertiave is also favouring the owner and they are verbally saying that your request cannot be processed and you should take it back.

You can very well  send a notice demanding to register the  plot in your name. You can stay the new transfer also . You have  a right upon your advance money .

Yes. Go through the agreement first and find out if there is any clause that requires you to perform any duty on the basis of the agreement as intending purchaser. If not, send a lawyer notice to the vendor that you are ready and willing to execute the sale deed as per the terms of the sale agreement already executed. If no favourable response, you can proceed with a suit for specific performance of the contract. Please do make an averment in the plaint that you were, you are and you will be ever ready and willing to perform your part of the contract and the other party is going to commit the breach and you are ready and willing to deposit the balance sale consideration in the court in the manner and time the court directs you to for the execution of the sale deed in your favour through court decree. Remember that specific performance is a discretionary relief and the facts, circumstances, and evidence in your case plays an important role.

Hi,

The agreement does not have any clause wherein I am suppose to perform any duty.

Myself and the owner both together have submitted request for transfer of ownership/membership for the plot .But now he is not willing to execute the deal.He is trying to involve local goons into the matter.

Though he has not taken any advance from any other party as of now but his intentions of doing so is very much clear.

Also if there any possibilty that he might deny refunding my money incase I file any legal case against him? I have paid the advance money through Cheque.

I have a somewhat similar case, where I have filed complaint with the District Consumer Forum, making the seller and the CHS for deficiency in service. The matter is now on board for final hearing.

the saler is dutybound to get NOC from CHS otherwise hw hasto compensate u.

Do I need to file case against the owner in civil court or in Consumer Court?

 Also what action can i take against the Co-operative society as they are not cooperating at all and creating unnecessary trouble for me.

You have a fit case to file against the owner and the Co-op. society for specific relief claiming the property. There are several cases for this. You can either ask for the execution of the sale or else ask for compensation and damages against the owner. Further you can file a separate case against the society for non-registration of your membership and claim damages for negligence and dereliction of duty. Immediately approach the Civil Court/Co-op Tribunal for Injunction restraining the Society from transferring the membership to another person other than you.

You just check with an Attorney in Kolkatta whether there is Co-op Tribunal in Kolkatta having jurisdiction for these type of disputes such as transfer of membership, their rights and duties of the Co-op. Society.

An agreement for sale need not be registered one.

You can enforce your contract under specifice releif act 1964.

First you sent a notice to the owner stating that you are willing and perform to complete the contract of sale and ready to register the sale deed.

If he still dodges  you file a civil case with local advocate.

you can get remedy under section 20 of specific relief act.