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Owner is not Registering the Property after Agreement

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Owner is not Registering the Property after Agreement

Last updated: 3 weeks ago
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  • Owner is not Registering the Property after Agreement

    I had given advance of Rs. 2,00,000/- to land owner to buy a property in Mangalore on 14th June'2019 and we entered into an agreement so that land owner has to arrange all the required documents mentioned in agreement(including Property card) within 4 months and on my side I have to pay the balance amount by December 2019.

    But, the land owner was unable to make the documents before this time and he was giving various reasons for his inability to get those documents.

    Later due to Covid, he was telling was not able to get those documents and in the month September he called and told he is ready with the documents and I told will be coming to Mangalore next month since I was working in Mumbai and asked him to keep all the documents ready so that I can apply for a bank loan.

    In October month I went Mangalore and asked for dicuments and then he said it will take another week to get Encumbrance certificate and for me it was not possible to wait since I have to get back to my office for work.

    In 3rd week of October, he just returned my amount Rs.2,00,000/- and told he is not going to sell the land to me. He had used my money for 17 months and also legal charges for agreement I have paid along with I kept the cash ready so that any time he may come up with documents and registration will be done.

    Now, I understood he is getting more another buyer who is paying more than me.

    What are all the options i am having. I requested him to pay atleast interest and agreement charges but he turned down my request. He didn't even cancel the agreement and directly send the amount to my account.

    I feel like I got cheated. What legal option I am having? Please guide.
    Last edited 3 weeks ago.
  • #2

    #2

    Re : Owner is not Registering the Property after Agreement

    Try settling it mutually.

    The legal options available with you would cost more than the interest factor, besides the botheration involved.
    Please read IREF rules | FAQ's

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    • kiran.7418
      kiran.7418 commented
      Editing a comment
      Thanks for responding. Had already tried speaking to seller, but he is not ready to talk. Just want to know is that legal after entering into an agreement, seller can sell the land to another buyer before cancelling the sale agreement.
  • #3

    #3

    Re : Owner is not Registering the Property after Agreement

    Please assist

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    • #4

      #4

      Re : Owner is not Registering the Property after Agreement

      Originally posted by kiran.7418 View Post
      Please assist
      Can you attach the agreement minus your personal details here?
      Please read IREF rules | FAQ's

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      • #5

        #5

        Re : Owner is not Registering the Property after Agreement

        The moderator Manoj has given you the right advice. If you have got your money back, then its not worth the legal battle for getting interest and recovery of other costs. Firstly, the legal stance in unregistered agreements is very poor. If you have a registered agreement, then you have a good chance to fight since the seller will need your approval to remove the entry in the encumbrance of the property. But if its an unregistered agreement, you have no locus standi.

        Next - you wanted to buy the property pre Covid and you say someone has paid more post Covid for the same property. I find that hard to believe. Post covid situation is quite bad in terms of liquidity and real estate sales. Anyway, the point is dont get emotional, look for some other property in the same area and you could end up with a better deal which could help you in your recovery of costs in the transaction.

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