Legal Question in Real Estate Law in India

Sale Deed

If case is pending with Registrar under section 72 Registration ACT because sub Registrar refused to register sale deed without physical presence of seller who did not turn up before sub Registrar after executed sale deed , can we file suil under specific performance and or can file criminal case against seller . Please advise in detail.

Regards


Asked on 11/23/07, 1:37 am

5 Answers from Attorneys
Deepak kumar

Re: Sale Deed

Yes, you can file a suit for specific performance alongwith Injunction and damages and the same must be done fast.

No Criminal chargs lie against the seller, unless there is some fraud in documents or misrepresentation regarding ownership and Title.

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Answered on 11/23/07, 1:51 am
Viswanathan Ganapathy G Viswanathan & Associates

Re: Sale Deed

A suit for specific performance is the more suitable option to pursue. Criminal case for breach of trust is also a possible option but may take a stricter degree of proof.

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Answered on 11/23/07, 2:14 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Sale Deed

Civil suit is definitely maintainable subject to law of limitation. As regards criminal case, one need to know all the facts and circumstances.

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Answered on 11/23/07, 2:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Sale Deed

You cannot file a criminal case against the seller as there is no fraud in documents or fraud in ownership has been commited.

But yes you can file a suit for specific perfomance along with the damages and make it fast.

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Answered on 11/23/07, 2:47 am

Re: Sale Deed

In past I have already replied to your query and you have put part of my reply in question form.No criminal case is made out,however,you may file suit for mandatory Injunction/specific performance.

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Answered on 11/23/07, 12:10 pm


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