Regarding Property

Dear Client,
In the given scenario, if you make the entire consideration money of the land to the landowner based on a Agreement to Sale executed between you and the landowner prior to payment, then on repeated denial to register the land in your favour, serving a legal notice to him you can file civil suit for specific performance for breach of the condition of the Sale Agreement under Section 10 of the Specific Relief Act, 1963 before the Civil Court having jurisdiction over the suit property claiming damages and compensation and other relief. The limitation period for filing a suit for specific performance, as per Article 54 of the Schedule to The Limitation Act, 1963 is 3 years from the date fixed for performance or if no such date is fixed, then from the date the plaintiff has notice that the performance is refused by the defendant. Further, an aggrieved buyer can file a civil suit seeking an order of injunction before the competent Civil Court to prevent the landowner/seller from further selling or transferring the property. You must gather evidence of the seller's fraudulent actions and misrepresentation to support your claims in the court. Further, be informed that an unregistered agreement to sell signed by parties voluntarily and counter-signed by witnesses even in plain paper can still be used as evidence for collateral purposes as per the proviso mentioned under Section 49 of the Registration Act of 1908. As regards refund of stamp duty, then be informed that if the stamp duty was paid for an unregistered property, the Buyer must apply for a refund of the stamp duty within six months of the payment date. Accordingly, you can apply to the concerned Sub-Registrar requesting refund of stamp duty within six months from the payment date. If required, consult or hire an Advocate to navigate the issues in the right way.