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Careers ForU   23 August 2022

Specific performance to sell proerty dispute

Hello 

Iam the buyer of property in Hyderabad .The open  plot prices   in Hyderabad vary as per the approvals available for

the open plots/layouts  ie1. HMDA ( Hyderabad Metro Development  Authority ) , 2.DTCP ( Directorate of Town and

Country Planning ) and  3. unapproved plots wherein the prices are least for unapproved   

I paid a advance of 1,00,000 INR towards purchase of a HMDA approved  plot on 1st July 2022 .The owner cum 

seller  of the plot signed the token receipt   as a " HMDA approved layout " and he offered  me  to sell as though it is

  HMDA approved plot  and charged me  as  per the HMDA plot prices prevalent  . 

The plot owner cum seller assured to produce the HMDA approval letter  in few days but failed to do so .

Few days down the line, the plot owner cum seller  again demanded ten  lakhs to exhibit the HMDA approval letter , I

paid him  ten lakhs, took a receipt from him in  which it is clearly mentioned as HMDA approved plot    but  the  owner

cum seller   couldnot produce the  HMDA approval copy of the plot  or layout .

Later ,I enquired with HMDA Office  and got a  a written statement from them through RTI Act  that the plot or layout is not HMDA approved and the plot stands unapproved .

I sent a notice letter to plot  owner cum seller that I was ready to go ahead with the registration of the property subject to the condition that rates are being revised as is was no more a HMDA approved plot .There is no response from him till now .    

Can I  file a suit for specific performance to sell ? Is there a format for it? Please help  

 

    



Learning

 1 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 August 2022

You and the seller did not execute the Sale agreement as per your statement.  So you have to prove the terms of the oral contract. The Courts may grant it or may not but it cannot be claimed as a matter of right. 


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