Legal Question in Civil Litigation in India

Hi Experts, I have a builder friend who owns a land on which he wanted to build villas. The land is not converted yet. I have made an agreement with the friend on company letterhead that gives me a villa on the land when it is ready. I have paid a decent amount of money to the friend due to this. That was 2 years ago. Do I need to get the agreement registered? I land is not converted yet. Not sure when will it be. Should I get out off the agreement and take the money back?


Asked on 3/17/14, 8:35 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.03.2014

Dear Sir / Madam,

Proceed step by step. Since the land is still Agricultural and since you have already paid monies to your friend for the villa to be built thereon, tell your friend that till such time as the land is converted to Non Agricultural (NA) in your name in land revenue records, it is worthwhile getting your friend to demarcate and fence the boundaries of your plot, and either you cultivate the land, or engage a few people to cultivate the land. Should your friend agree, you get the possession of the land. If your friend still dilly dallies, you can safely conclude it is a bogus project, and politely request your friend to return back the monies you paid him thus far within 30 days.

Regards,

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Answered on 3/17/14, 6:27 pm
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir, As that you've made part performance of contract of sale, then usually you have to get this registered within 3 (three) years maximum period granted under the T.P. Act. 1882, or else you've to sue him under section 53A of the Transfer of Property Act 1882 in order to complete the remaining transaction.

Thank You,

Kind Regard.

Sanjay. K. Dixit, Advocate.

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Answered on 4/12/14, 10:54 am


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