VIDHU.vijayan (ENGINEER) 02 July 2015

Stay on property

hi!

A week before i found a property with small house and my family liked it. It was said that it pledged and in a cooperative bank and the same was released by paying 6 lakes and the original document was given to me by the seller ,further it was found that 67 thousand of Kerala government loan was also taken and the same was also paid with interest .Now the problem is the seller has taken some money8 lakes from a buyer two and a half years before on a agreement to settle the balance amount of the land in 6 month time and the buyer was unable to do it. The agreement made with was to settle the amount or the advance will not be refunded .More over the agreement was not registered in sub register office.

Now the problem is the previous buyer has put an stay on the land knowing we are about to do registration this week .Kindly any one let me know how to handle this matter amicable way. Is it possible for him to sell the land to the previous buyer when original documents are with me. More the seller has made an agreement with me to complete the registration in 2 month before the stay come.

Please advise me how to handle this issue the case is in kayanklam, Kerala.

thanks regards

vijayanvidhu

7025418023

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1 Replies

Dr J C Vashista (Advocate) 03 July 2015

The previous vendee (purchaser) has a claim and interest in the property under sale/purchase and he shall be well within his right to invoke the provisions of specific performance of the terms of agreement against the vendor (seller).

It is a case of cheating committed by the vendor upon both the intending vendees (purchasers), accordingly it would be better to get your earnest money returned. through amicable settlement and avoid unnecessary litigation.

Otherwise, initiate necessary civil as well as criminal case against the vendor through a local lawyer.