Land sale fraud
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
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:
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.
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