Property Sale agreement
Querist :
Anonymous
(Querist) 20 May 2018
This query is : Resolved
I'm a buyer entered in to a property sale agreement (not registered)with a seller in Coimbatore to buy a resale property which is under mortgage. Agreement time period is six months,5 months have elapsed.out of 100% of sale value ,50% of sale value is under mortgage loan and I paid 40% of the sale amount as advance where cheque numbers are Incorporated in the agreement document and as I got possessory right and with seller's oral consent I spent huge sizable value on renovation and seller himself has witnessed the renovation process as he is residing in the immediate neighborhood apartment .Just before the agreement is about to lapse in few days, I came to know the seller hasn't settled the loan using our advance and hasn't got the title documents ready,now he is trying to breach the contract after getting renovation done in my expenses .
What is the remedy for my situation?
1.) How to legally get him register the title in my favour?
2.)In other case What are the options to recover my entire advance amount including the renovation expenditure?
3)agreement period is 6 months,5months have lapsed,also agreement not registered.will it have any implications?
Querist :
Anonymous
(Querist) 20 May 2018
I'm a buyer entered in to a property sale agreement (not registered)with a seller in Coimbatore,t tamilnadu to buy a resale property which is under mortgage. Agreement time period is six months,5 months have elapsed.out of 100% of sale value ,50% of sale value is under mortgage loan and I paid 40% of the sale amount as advance where cheque numbers are Incorporated in the agreement document and as I got possessory right and with seller's oral consent I spent huge sizable value on renovation and seller himself has witnessed the renovation process as he is residing in the immediate neighborhood apartment .Just before the agreement is about to lapse in few days, I came to know the seller hasn't settled the loan using our advance and hasn't got the title documents ready,now he is trying to breach the contract after getting renovation done in my expenses and trying to sell the renovated property at my expenses.
What is the remedy for my situation?
1.) How to legally get him register the title in my favour?
2.)In other case What are the options to recover my entire advance amount including the renovation expenditure?
3.)agreement period is 6 months,5months have lapsed,also agreement not registered.will it have any implications?
adv. rajeev ( rajoo )
(Expert) 21 May 2018
You will have to file a suit for specific performance by giving a legal notice to him. Prior to filing suit notice is mandatory. You will have to give time to him toexecute the regd., sale deed in favour of you and you have to show your ready and willingness to purchase the property
Kumar Doab
(Expert) 21 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
