Urgent legal help needed!

I am not sure you can file a suit to begin with, just because you have in hand an agreement signed two years ago which was not terminated ( officially.. the OP will obviously claim oral termination in good faith ) . You will need to show you have complied with your side ( Making advance payments, for example which have not yet been returned)  and you have been making consistent efforts over these last two years to proceed further with the agreement which the other party is thwarting.

Although Article 54 of the Limitation Act gives you three years to institute a suit from the date of Agreement / Date of first refusal by the OP to proceed further with the agreement, if you have not made any such efforts, your case is week IMHO.

As for change in Name again that can happen only with the consent of the OP, not only on your own free will. And as for the other aspects, I don't think they are material at this stage and would depend upon your claims vis-a-vis the OPs and the court's view etc.per the specifics.

Seniors may please correct/ comment.

Disclaimer : General Information above is provided without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .  However,if it helped you even partially a " thanks" would be appreciated and serve as encouragement for continued efforts :-)

I am not sure you can file a suit to begin with, just because you have in hand an agreement signed two years ago which was not terminated ( officially.. the OP will obviously claim oral termination in good faith ) . You will need to show you have complied with your side ( Making advance payments, for example which have not yet been returned)  and you have been making consistent efforts over these last two years to proceed further with the agreement which the other party is thwarting.

Although Article 54 of the Limitation Act gives you three years to institute a suit from the date of Agreement / Date of first refusal by the OP to proceed further with the agreement, if you have not made any such efforts, your case is week IMHO.

As for change in Name again that can happen only with the consent of the OP, not only on your own free will. And as for the other aspects, I don't think they are material at this stage and would depend upon your claims vis-a-vis the OPs and the court's view etc.per the specifics.

Seniors may please correct/ comment.

Disclaimer : General Information above is provided without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .  However,if it helped you even partially a " thanks" would be appreciated and serve as encouragement for continued efforts :-)

He received payments till January 2013 ... there is proof for payments made to his bank account through cheques. 

The property is pledged with the bank, though the EC is in his name ... so when we came to know that he was probably buying time to release the document from the bank, but used the money we gave to clear other debts instead and piling up more bank debt, we decided to go legal as it was a clear attempt of cheating us ... as he is also talking with several other buyers and trying to take money from them as well ... without clearing our dues or completing the agreement. 

If the property is pledged to the Bank, the Bank most probably has " first lien" on it in case of default.  This is a new fact. Unless he clears his dues with the Bank, the property is not his to sell, AFAIK. Unless in the Agreement itself the Bank is party and has agreed to the Sale. Please clarify what you mean by "EC".

If I was you I'd try to get back my money rather than trying to execute an agreement which to begin with seems flawed. You could serve a Notice on to him setting out the payments made, misrepresentation in the Agreement and demanding your money back.  A case would probably lie under grounds of misrepresentation.

Suggest you meetup with a Lawyer in your area , clearly detail out the case to him and proceed further.

Disclaimer : General Information above is provided without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .  However,if it helped you even partially a " thanks" would be appreciated and serve as encouragement for continued efforts :-)

If the property is pledged to the Bank, the Bank most probably has " first lien" on it in case of default.  This is a new fact. Unless he clears his dues with the Bank, the property is not his to sell, AFAIK. Unless in the Agreement itself the Bank is party and has agreed to the Sale. Please clarify what you mean by "EC".

If I was you I'd try to get back my money rather than trying to execute an agreement which to begin with seems flawed. You could serve a Notice on to him setting out the payments made, misrepresentation in the Agreement and demanding your money back.  A case would probably lie under grounds of misrepresentation.

Suggest you meetup with a Lawyer in your area , clearly detail out the case to him and proceed further.

Disclaimer : General Information above is provided without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .  However,if it helped you even partially a " thanks" would be appreciated and serve as encouragement for continued efforts :-)

Hello,

The bank dues are only marginally more .... so we can also clear the bank dues ... 

Yes, we also tried to get money back .. but doesn't look like he will budge ... so lawyer suggested this route and see if he comes for a settlement discussion. 

EC - Meant the property details we get from the related registrar office ... it shows the property is in his name .... not on the bank's .... which is why we did not know it earlier ... 

Best Regards

Sherin, you have put people under confusion in th name of clarifying your doubts; shall reproduce your contents and questions:

Now, it never happened and we clearly came to know he is trying to cheat thinking the agreement he signed with is is expired and we have no holding. Now, I want to know two things: 

1. Should we have the money required to complete registration in the account while filing the suit? 

2. If yes, will the account we submit with funds be seized till the verdict is out? 

3. I was recently trying to change my initial to add my husband's name instead my dad's but the agreement has my name with that of my dad ... so can I change the name legally now or should I wait till the suit is over;

The ans;  1) No, not required now,  2) No;   3) Dont do it now;

before that issue a legal notice expressing your ready and willingness to perform your part of the contract asking him to fix a date and time for performing his part of the contract, do not show that he has mortgaged his property with bank, dont cover the issue in your notice if he is not replying, file a suit against him and seek relief through court,

Just for my information / learning :

a) Assuming this Sale poceeds in "good faith " by all concerned, including the Registrar - and is completed -   what recourse does the Bank have at a later stage once they find out property pledged to them has been sold to someone else ? And against whom ?

c) Would it make a difference if  the Sale Agreement was made prior to the Pledging to the Bank ?

Appreciate much all thoughts from Seniors. Thanks !

Hello,

Thanks a lot for your advice Sir ... helps a lot .... Yep, may be I was confusing when I expressed a few things .... sorry about that .... 

Thanks a lot for your advice again!

@Hardeep:  For both the questions the answer is; The bank will not accept such thing in the first place because it will proceed in granting the loan only after obtaining legal opinion from its panel of lawyers/legal advisers, thus the legal adviser/advocate will be responsible for such a debacle, also the bankers may file acriminal complaint for fraud played upon by the mortgagor and may attach the  property through civil suit also..

@Mr. Kalaiselvan .. So what I understand from you Sir is that as Sherin tries to enforce its Sales Agreement with the mortgagor, somewhere in the process of such enforcement the Bank will step in and stop the sale from going through ( as long as their Lawyers are doing their job properly ) .

If so, what recourse then does Sherin have ?

Also, how would the Bank know such a sale is being attempted if the Mortgagor doesn't inform them ? I am assuming that the Original Property Papers are still with the Mortgagor since EC - the Encumbrance Certificate that Sherin saw / has doesn't seem to show any Encumbrance on the Property .

Appreciate all inputs.

Dear Hardeep,

In General, Housing Loans are availed by way of Deposit of Original Title Deeds and also mortgage the property covered under such original title deeds.

As per the advice of Adv. Sri T.Kalaisevan, if Ms. Sherin issues a notice to the Owner, he will be bound to answer for the same and if he agrees automatically he clears the loan and go for registration of Sale Deed, if not Ms. Sherin has her various remedies under the law.

As per my knowledge, there is no barrier for Sherin to change her family name becoz the same is legally permissible. Hence, she is at liberty to change her name as she desire irrespective of the stage of her per legal issue.

At the time of registration of Sale Deed or in the course of legal battle, she can represent her name in the present "Ms. Sherin" @ ___________(future name) to avoid any possible legal identification in respect of her name.    

My mistake.. I understood  that Ms Sherin wanted to add another party to the agreement...whereas she just wants to change her Surname to reflect her marital status, perhaps. That should be possible..., thanks Mr. Narasimha for pointing it out

As for now, after sending the notice ... they have come for a discussion .. and agreed to proceed with the same deed as they don't have funds to refund ... will keep everyone updated .. thanks a lot for your help :)