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Owner does not returning money in agreement of sale

By: Shivendra Pratap Singh

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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.   

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Shivendra Pratap Singh


Practising lawyer at the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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