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Manoj   11 September 2016

Notary agreement for land sale

I need help for the below query. Recently one person was in need for money for which he wanted to sale a land.Looking the land my father shown interest in the deal and they did a notary agreement between them. So the total cost was 2lakhs for which he took 1 lakh at the time of agreement. Also in the agreement he mentioned that in next 2 months he will transfer the title to his name which is now on his grandfather's name. His father is no more now. Now his mind is changed and saying he will not sell the land but will return money. Also when I asked for money, he is not picking calls neither meeting. So my query is now i am planning to take legal action. So wanted to know whether the notary agreement of such agreement is valid. What action I can take.


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 6 Replies

adv.bharat @ PUNE (Lawyer)     11 September 2016

U can file police case for fraud .

If he return the amount then ok other wise u need to file suit for recovery of amount in the court.

If u like my suggestion then give THANK on my profile.

adv.bharat @ PUNE (Lawyer)     11 September 2016

U can file police case for fraud .

If he return the amount then ok other wise u need to file suit for recovery of amount in the court.

If u like my suggestion then give THANK on my profile.

adv.bharat @ PUNE (Lawyer)     11 September 2016

U can file police case for fraud .

If he return the amount then ok other wise u need to file suit for recovery of amount in the court.

If u like my suggestion then give THANK on my profile.

Manoj   11 September 2016

Thanks Bharat. So do you mean based upon the notary agreement as proof, I can file a fraud case against him.  My main concern is whether the notary agrrement will be accepted by the police.

Also I will file a case in court to recover the amount.As per agreement, if he will not sell the land then he is obliged to pay bank interest rate on teh amount. So can I ask him for interest as well.

Satya Narayan Mohanty   12 September 2016

Yes you can claim interest, cost of engaging a lawyer for the case and other incidental cost

Meenakshi (Lawyer)     14 September 2016

Mr Bharat,

The agreement is notarised and therefore the value of the agreement is Nil. Today to prove that such an arrangment had occured in the past, the agreement will have to be proved for which a suit for specific performance will have to be filed by you. 

The Other person can come up with various defences one could be he had given loan to your father for which he executed the agreement only by way of security. 

It is advised that if he is paying you back the earnest money ease take the money and be halppy.

Alternatively file a suit and wait for years to get an order which will 99% be against you.

The witnesses in the agreement will be examined, any documentary evidence will have to be examined. After all this the matter will be decided. Its difficult to say in absence of details given by you if you will succeed or not.


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