Asked January 20, 2017

cheated in the name of land

  • 1 Answer

Hi, We intended to buy a site at Mysore through a known person way back in 2011. The site dimension is 40ft/60ft. The total value of the site was told to us to be somewhere between 6 to 6.5 lakhs then. We have paid 3 lakhs in 2 DDs amounting to 1.5 Lakhs each in favour of the Mysore Co-operative Society. Apart from this we have paid cash amounting to 4.6 lakhs to that known person who got us introduced to this society. Even after 6 years there is no certainty as to when the Site allotment and registration would happen. We now want to withdraw the purchase and get our money back as there is no clarity as to whether the Site will be allotted at all in the near future and also mainly because we are in urgent need of money for my Son's education purposes. How do we go about this, please advice.

Answer 1

Sir, the terms of your sale and the delivery of ownership are contained in a document called the Agreement of Sale. The agreement of sale is a document that lists the various terms and conditions on which the sale must be carried out, it is governed by the Indian Contract Act and must be a registered before the Registrar of Stamps to have any legal binding. As a sale agreement, can be defined as a contract for the purpose the Indian Contract Act, all essential terms and clauses mentioned in it must be timely complied with. Failure to do so may cause a person to revoke the contract.

Now the task that would be of priority to you is to carefully examine your Sale Agreement and analyse the time specified under it to complete the transaction and ownership to be transferred. If you understand that the terms of the sale agreement are not duly met, it is advised that you consult a lawyer and send a legal notice to the well-known person to complete the contract.

If no heed is payed it is advised that you institute Civil Proceedings against the person for breach of contract. You may either ask for damages under the contract act or you may sue for specific performance of the contract under the Specific Relief Act.

It is further suggested that you may consult an advocate who is an expert in property disputes. Click on the below link to contact the best legal practitioners.

Agree Comment 0 Agrees almost 5 years ago

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