vikas (student) 02 August 2014

Please help mw anyone thanks in advance

dear sir,

first of all soory for grammer mistake my communication was no so good bcoz of town. i want some help. i m frm UP. i have land property 3 bigha that value is 80 lakh appx. my clever friend is property delar so he told me sold this property to me in registered aggrement for 2 yeras. he told me that he will show 20 lakh property value in registered aggrement because he have not enough money for stamp duty. so i make a registred aggrement in registrar office of value 20 lakh. in registered aggrement he wrote that he had paid 15 lakh and rest 5 lakh he will paid in 2 years. And he said he will write a aggrement on 100rs stamp without notery there he will saw full 80 lakh money rest 65 lakh will pay in 2 yrs. now one year has been completed but now his mind has been diverted and don't want to pay rest 65 lakh money.

when i asked him for rest money he say take your 5 lakh money and go otherwise i will submit 5 lakh in court and court will do registry in my favor.

please help me. what i can do. i asked my local advocate he told me u can't do anything because you make registred aggrement of 20 lakh. and on the base of 100rs stamp aggrement you can't take ur money he will submitted 5 lakh in court and forcibily take land from you.

i have not no knowledge about law so that was my mistake ohh god . and my frnd is so clever.

plz help me what i do plz plz.................

what i do to get my money or land .

thanks & regd

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4 Replies

Anish Thakur 7018812737 (advocate) 03 August 2014

However the case is gone from your hand when you did registery in his favour but you can also put him trouble and the property to dispute so that he will also not enjou this property absolutely by help of that agreement.File case for specific performance against your friend.Feel free to call.

T. Kalaiselvan, Advocate (Advocate) 03 August 2014

Don't worry, you have chances for recovering your property from him even now, you may state the facts in your statement to the suit he is likely to file against you in the court and inform the court that since the property worth is five times more than the registered agreement and also since it was a loan obtained and for security purpose a registered sale agreement against the property was made, that you are ready to return the money received with interest from the date of borrow, the court as an alternative wold decree the case as this way . Engage a prudent lawyer to fight back.

vikas (student) 04 August 2014

thanks to all gentle man for reply. dear sir " is i am able to file case against him from 100 rs stamp". my friend shaw circle rate in aggrement but property rate more high than circle rate because this land was aggreculture land before but now it is residental land so his mind has been diverted.

i got this land from my grand father will/ vasiyatnama. my father can do any thing.

aggrement was perform in september 2013.

vikas (student) 05 August 2014

dear sir,

full story is " my grand father gave me land which i got from his will/vasiyat in 2012. that time this land was aggreculture land and

on this land 3 room set constructed by my grand father in 2005 for storing wheat .

after few month many residential house constructed around this land. then its value hike. i sold 3 plot from this land in 2013 before

aggrement executed. after that i could not sold any plot bcoz of non professional property dealer. so in sep 2013 my property delaer( his brother is

politician so every one fear from him) friend told me he want purchage my land in 80 lakh and he will pay this amount in 2 yrs aggrement. he told me

that he have not more money to pay 80 lakh aggrement stamp duty so he will show only 20 lakh amount in aggrement then its stamp duty will be less.then i make

an aggrement in sep 2013 in registrar office.in this aggrement he wrote "i am selling my whole land in 20lakh rupee and 15 lakh paid and rest 5 lakh

he will pay in 2 years and after 2 year if i am not agree to do registry in his favour then he is able to submit fee in that court and court will

make registry in his favour."

then i told to my friend i have no record that you have purchage my land in 80 lakh because you are showing 20 lakh only in aggrement. then he told me

buy a 100rs stamp on that stamp he wrote he is purchaging land in 80 lakh and 15 lakh is paying advance and rest 65 lakh he will pay in

2 yrs.

dear sir now two thing arises in my mind

1) my father can be involve in this land to got my money or land because i got it from will in 2012.

2) if one house constructed already before aggrement and 3 plot already sold by me before aggrement then land will be residential or aggreculture.

he pay 2% stamp duty according to aggreculture land.

i consulted advocate here he is saying that you have no chance to get your land or money. he is saying if you show that my friend paid stamp duty

according to aggreculture land then he will pay stamp duty according to residential land but on all circumtrances you can got only your rest 5

lakh rupee not 65 lakh rupee. and advocate is also saying that my friend paid 2% (40 thousand) stamp duty of 20 lakh aggrement not for your land. my friend will pay stamp

duty again according to circle rate of land when he will make registry from court in his favour because that was the aggrement stamp duty.

sir please help me for god what i do now. i want one thing my money or land.