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Aditya (Manager)     07 January 2015

Land dispute

Dear All,

Please Help me with this !!!

We rented a building and after some time we planned on buying it so we entered in to a sale agreement with the seller and also paid him some advance amount. But now i have come to know that he has sold the building to the third person,

I am having the sale agreement. so pls help me with this, as i am scared that i will loose this building.

At the moment i am staying in this building.



Learning

 6 Replies

Shantilal Pandya ( Advocate)     07 January 2015

You have a defence of part performance to protect your possession and also to file suit for specific performance of agreement to sell.

Shantilal Pandya ( Advocate)     07 January 2015

You have a defence of part performance to protect your possession and also to file suit for specific performance of agreement to sell.

Jayashree Hariharan (Advocate)     07 January 2015

please file a suit for specific performance, if you have given sufficient advance amount. Of course, it should be as per the conditions laid down in the sale agreement. if he has sold it to some person, against the sale agreement you can go. is there any time limit mentioned in the sale agreement? or if any compensation amount (damages) has been mentioned for such actions, then you can file a case for that.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     07 January 2015

Hope your Agreement  is Registered or Notarized.  Initiate actions :

Legal Notice followed by suit for Specific Performancen, Criminal case for Cheating as also Complaint in Consumer Court.

Aditya (Manager)     07 January 2015

In my case, after paying him the advance and entering the agreement, the balance was to be paid within next 6 months but he sold the land to the third party within the agreement period, for which i have filed a suit against him.  soi want to know if i can get the possession of the land back or am i only liable for the advance amount which i have made.

 

Please reply and Help.

T. Kalaiselvan, Advocate (Advocate)     11 January 2015

If you have already filed a suit, you may have to wait for the court to decide the case on the merits on your side. If the property is not retrievable, then the court may order to refund your money along with interest at market rate.


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