Instant Advise

Owner does not returning money in agreement of sale

Shivendra Pratap Singh

Advocate

19/05/2021

Reading Time:

My father purchased 2 and a half acres of agricultural land in our village and had an unregistered agreement of sale from the seller last year in the month of Feb 2020 and upon Contract, we have given them 10.5L Rupees as an advance amount. The sellers are 7 brothers and out of the six members in need of money and sold the land through contract. The one elder brother did not sell his part of the land but was given permission to sell their share of land (this is seven brothers’ joint property). However, In contact, they had a time period of 5 months for the execution of the sale deed. That did not happen due to covid-19 lockdown (as they said).

In the meantime unfortunately the elder brother has died and his sons started opposing it. Previously they had sold the land for which they did not receive their share of the money which they claim. Now they have filed a civil suit which claims this whole land belongs to them. Moreover, their father did not raise this concern at the time of agreement (It is a fake case just for enmity).

So we keep asking them for the execution of the sale deed but they are giving false promises, Please provide us the suggestion on what we can do now.

Question from: Karnataka

You should file a civil suit for cancellation of agreement and return of consideration. That agreement of sale is valid because it reflects the consent of current owners to sell their land. However, you cannot bind them to sell the land in the course of that agreement because that agreement does not confer you any right or title in the land. 

But, it is valid in respect of binding them to return the consideration which they received in the order of that agreement. Therefore, you should file a civil suit. If they are not in position to return your money then they can sell the land. So, in both cases you will get proper relief. This is agricultural land and until all the co-sharers are not agree you cannot purchase it. So, initiate proper legal proceedings and do not wait for the execution of the sale deed.   

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Husband don’t want to live with his wife.

It's my arranged marriage. I want to live with my husband, he is working in another state and me staying with his parents. His parents and my husband don't want me to stay with him. Now they tortured me to leave that place so that they will marry their son. What...

My boyfriend harassing me

Me and my boyfriend are in relationship from 3 years. He always doubts me and every day he will come up with plan to harass me. Threats me and compel me for having relationship with other boys. He gives me warning that he will call to my office members and family. My...

Can I request for disciplinary proceeding against PDO?

I have filed complaint on one Govt employee who is a retired PDO in department of Zila Panchayat, on him FIR lodged in concerned police station. Now can I request for disciplinary proceeding against him? Is it possible or not and to whom should I request  to the same?...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54