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phani raj kumar (software engineer)     23 August 2012

House registration issue

Hello friends,


I need help from you for the following:


I have bought a house (32Lakhs) in Kurnool,AP and made an agreement with the owner by paying 10L amount.


My agreement is going to be ended by this month 31st. I went for a loan and got it sanctioned from SBI. Now the owner saying that if he has to register the house with the said amout he will be loosing some amount as he has to pay income tax and he is not ready for it. I am asking him to repay the amount i paid atleast even he is not ready for that. How to proceed legally on this issue?


Thanks in advance,

Phani.



Learning

 4 Replies

jatin aggarwal1987 (legal officer)     23 August 2012

your quety is not understandable please make it clear.

before 31 you have to appear in the registrar office for registration if u want to fullfil this agreement. and after 31 u r entieled to file a suit for specific performance of contract and also recovery suit against the owner for the recovery of money (10 lack) which u have paid to the owner as a part payment (bayana)

if u dont want to fullfil then u may give a legal notice with regard to recission (to cancal the agreement) of contract.

otherwise make ur query clear and ask again.

1 Like

phani raj kumar (software engineer)     23 August 2012

Hi sir,


Thanks for your response. I had an agreement with the owner by paying 10L and the agreement will expire by this month end, i.e 31st August. I have the cheque issued by SBI as home loan and asking him to come for registration. He is saying that he will have to pay hefty tax if the house is registered as per agreement so he is insisting me to register the house as per market value. But the bank asking to register teh house as per agreement.

 

Thanks,

Phani

phani raj kumar (software engineer)     23 August 2012

Hi sir,


Thanks for your response. I had an agreement with the owner by paying 10L and the agreement will expire by this month end, i.e 31st August. I have the cheque issued by SBI as home loan and asking him to come for registration. He is saying that he will have to pay hefty tax if the house is registered as per agreement so he is insisting me to register the house as per market value. But the bank asking to register teh house as per agreement.

 

Thanks,

Phani

Anish Thakur 7018812737 (advocate)     23 August 2012

dear querist ,

you can file suit under the specific performance of contract act if you want to go with this deal and if you dnt want this deal you can file recovery suit but my advise is that you should go with specific performance as it will make your stand clear and the builders wrong if he will deny for it and in any stage of suit if you thinks fit you can make compromise with the builder by taking your deposited money back with interest.now a days similar kinds of suits are also trialable by the consumer forms ,this is cheaper and better way as it is faster then the civil courts.feel free to call if you had left any query.


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