Legal Question in Real Estate Law in India

Dispute in purchase of house

Dear sir

I intended to buy a Resale MHADA house and we entered in agreement of 8.00lacs in July 2007 and I have paid 2 Lacs in black and got receipt for the same from seller and the agreement was made and the same is registered on OCT 2007, Registration & Stamp duty & Franking has has been paid in OCT 2007 after getting the NOC from SOCIETY and MHADA I even got the MHADA transfer letter in my name and also the remaining amount of 6.00Lacs loan has been sanctioned from Bank in March 2008, and when i wanted Original papers for submitting to the bank i got to know that the seller has mortgaged house in local bank, before we entered into agreement i.e. in 2006 and he had not disclosed to me, broker nor Society secretary was aware of it and as a year has passed he is demanding hike in balance payment and is threatening verbally that he will cancel the registration and agreement ..Please guide me on this can he cancel the agreement & registration and sell to other party.

Moreover in the sale agreement about remaining part payment of 6.00 Lacs (Loan) no specific date is mentioned. -Rishi


Asked on 4/28/08, 7:20 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Dispute in purchase of house

You can initiate civil and criminal actions.

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Answered on 4/29/08, 3:08 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Dispute in purchase of house

You can go ahead with civil and criminal actions.

Please consult a local lawyer.

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Answered on 4/29/08, 6:43 am
Sachin Sangare Private Practise

Re: Dispute in purchase of house

Pressuming that possession is still with the Seller.

First & formost you have to get the following reliefs from the Civil Court against the Seller

1] Specific Performance of the Registered Contract by handing over vacant possession of the said flat.

2] Handing over Original Documents of the Flat.

3] Pending the hearing of the suit, Injunction from creating any third party interest in the said Flat.

You should not be concerned about the mortgage of the flat as the Society & MHADA have given their NOC & MHADA has also transferred your name in their records.

If the possession is with you than injunction restarining from entering in the Property & handing over of Original Documents.

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Answered on 4/28/08, 8:50 am


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