Asked November 15, 2016

Land sale fraud

  • 1 Answer

Hello Sir/Madam I have purchase a open plot in hydrabad year 2007. i paid 4 lakhs rupees, the plot size 300 sq/yrd. Since then there is no action on handover the plot everytime he do falls promise, he gave me a buy back agreement says after 3 year owner will buy back the plot with 24% appreciation. I decided to go for legal action, please suggest me how do i proceed. Thanks Ahmed

Answer 1

Firstly, since you have already purchased the plot, you were entitled to have complete possession and title over the said plot. This transfer of property becomes legally binding only after the completion of three steps:

  • Sales agreement. This agreement between the parties is to be done on a Rs. 50 Stamp Paper.
  • Title deed. These are documents sowing ownership and rights, obligations or mortgages on the property.
  • Registration. Since 2000, registration of land has become mandatory for the transfer of any immovable property. The details of the title deed will be transferred the registrar. Additionally, registration in the Revenue Department is also essential for complete transfer of property.
  • If all these steps were duly completed, then the seller is illegally occupying the plot. In such a scenario, you may approach the court for a stay order against the illegal occupation of your plot. Moreover, since a long time has passed since the said purchase, you may seek a declaration of your ownership rights in the land along with the prayed stay order, in order to firmly establish your possession. Before this, you may also file a complaint with the police and send a legal notice to the seller with the intimation of the police complaint and your intention of approaching the court of law in case of failure to handover your rightful plot. This might help you avoid the longer process of court proceedings.

    With respect to the buyback agreement, it would be considered as a legally binding contract only if you have willingly, without any coercion or undue influence, signed or accepted the same. As stated by you, since the seller simply gave you the agreement, in addition to his failure to comply with the terms of the sales deed, you can easily invalidate the said agreement.

    Agree Comment 0 Agrees about 4 years ago

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