Legal Question in Civil Rights Law in India

A person got money based on his agricultural land then he sold the land another person and not settle the money to the first person. Is it possible to put suit and recover the money with interest and legal investment in this matter.


Asked on 2/05/13, 12:02 am

7 Answers from Attorneys

Jayesh Desai Jayesh Desai

Yes, it is possible.

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Answered on 2/05/13, 12:23 am
Sanjay Kalra Sanjay Kalra & Associates

I have not been able to comprehend your question. Please redraft the same for my advice.......Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.

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Answered on 2/05/13, 12:32 am
Fca Prashant Chavan Expert Edge LLP

05.02.2013

Dear Sir,

(Ayapakkam / Kalpakkam / Kanchipuram / Manamai / Pattaraikalani / Pudupattinam, Chengalpattu, Tamil Nadu)

No person can transfer a better "title" than what he possesses. A "title" to the land is the person (owner) whose name stands in the record of the Chengalpattu District Registrar.

If the person has taken part consideration for sale of his land to a person, he is bound to transfer the land to that person on receipt of the full consideration. He cannot sell it to another third person, when he has already proceeded with the first sale and is committed to the first buyer to settle the balance consideration within the agreed time period. Only if the first sale has failed for failure of the first buyer to pay the balance consideration within the agreed time period, and the contract is rescinded, the seller can sell the land to another prospective buyer, but he has to repay the Earnest Money collected from the first person.

Yes ... the first person has the right to sue for recovery of his amount with interest in the event of failure of the seller.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/05/13, 12:56 am


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