Dhiyaneswar.R (student) 07 December 2018

Land sale disagreement

I've sold my land to a person in my town.
The buyer promised me to settle me the amount after registration and he didn't settle it.
I've made a case in court and it's running for 10 years since 2009. Court isn't in favour of both the parties. only hearings are continuously going for 10 years. I'm clear I don't want to sell this land anymore to him since he didn't pay me money.
Possessions of land is with me inspite documents are on his name as I've registration him the land.
Is there any way to legally get the land back on my name quickly cause I've waited for 10 years...!!!

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10 Replies

Suri.Sravan Kumar (senior) 07 December 2018

Nature of case filed against him 1.cancellation of sale Deed or 2.declaring the sale as null and void?

Dhiyaneswar.R (student) 08 December 2018

2. Declaring sale is void.

Suri.Sravan Kumar (senior) 08 December 2018

what is the plea taken by the Defendant?

G.L.N. Prasad (Retired employee.) 08 December 2018

Go for a compromise and refund advance amount if any received and get award from Lokadalat.

Suri.Sravan Kumar (senior) 08 December 2018

I disagree with G.L.N.Prasad

pl note the sale Deed is already regd in favour of the Defendant. If he goes for compromise and seek refund of his advance money and get award from Lokadalat as per your advise, will the title be clear. Can he sell the property to any person in future?

unless he gets Decree from the court the title still remains with the Defendant. This type of cases cannot be referred to Lokadalat.

I hope you will agree with me.

Suri.Sravan Kumar (senior) 08 December 2018

one more thing you have used the word "Advance amount if any". Pl note unless the Defendant pay the agreed amount say token amount in advance Sale Deed will not be executed and regd by him..

Dhiyaneswar.R (student) 08 December 2018

Defendant saying land is Registered and he has submitted copy of land registration doc's in court. He has no proof of paying any amount to me. But he's saying he has paid all amount and then only land registered.
I agree I made a mistake by registering him my land on his commitment that he will pay me later. But at last I was cheated. pls suggest me how to proceed.

Suri.Sravan Kumar (senior) 08 December 2018

The mode of payment will be mentioned in the sale Deed. Since it is a regd document presumption will be drawn in favour of the Defendant that sale consideration was paid. Now the burden shifts on you to prove that you have not received the sale consideration from him. You have to prove your case by examing the witness who were present at the time of execution of the sale Deed and the mode of payment. I think you filed your case through Lawyer and he will know how to deal with your case.